09 Staff Report - 16942 Mitchell Avenue,,
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COUNCIL AGENDA REPORT
MEETING DATE:08/01105
'ITEM NO.9
DATE:August 1,2005
TO:MAYOR AND TOWN COUNCIL
FROM:DEBRA 1.FIGONE,TOWN MANAGER
SUBJECT:CONSIDER AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION TO APPROVE A REQUEST TO CONSTRUCT A SECOND
STORY ADDmON TO A SINGLE FAMILY RESIDENCE ON PROPERTY
ZONED RM:5-12.APN 529·I8-0I4.PROPERTY LOCATION:16942
MITCHELL AVENUE.PROPERTY OWNER/APPELLANT:DOUG AND
AILEEN BRAGA.
RECOMMENDATION:
1.Open and hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Uphold the Planning Corrunissioo's decision and deny the appeal for Architecture and Site
Application 5-05-057 (Motion required).
4.Refer to the Town Attorney for the preparation of the appropriate resolution.
If the Town Council determines that the Planning Commission's decision should be reversed or
modified:
1.The Council needs to find one or more of the following:
(1)where there was error or abuse of discretion on the part of the Planning Commission;
or
(2)the new information that was submitted to the Council during the appeal process that
was not readily and reasonably available for submission to the Commission;or
(3)an issue or policy over which the Commission did not have discretion to
modify or address.but which is vested in the Council for modification or decision.
(Continued to Page 2)
PREPARED BY:
~lUNITY DEVELOPMENT
Reviewed by:-\-I,4Assistant Town Manager ~",,""Attorney __Clerk Finance
//__Community Development Revised:7120105 5:57 pm
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Reform~fted:5130102
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PAGE 2
MAYORANDTOWNCOUNC~
,SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
'.August 1,2005
2.Ifthe predominant reason for modifYing or reversing the decision of the Planning Commission
is new infonnation as defined in Subsection (2)above,it is the Town's policy that the application
be returned to the Commission for review in light of the new information unless the new
infonnation has a minimal effect on the application.
3.If the appeal is granted,the Council should:A)make the required findings and considerations
in Attachment 1;B)approve the application subject to the conditions in Attachment 2 and as
shown on the development plans in Attachment 7.
'4.Refer to the Town Attorney for preparation ofthe appropriate resolution.
PROJECT SUMMARY:
The existing home on 16942 Mitchell Avenue is a 1,786 square feet single-story home with a 400
square feet detached garage and a 408 square feet attached garage.The property is located in the
RM:5:12 zoning district.The applicants,Doug and Aileen Braga,submitted a Minor Residential
Development application for a 1,168 square foot second-story addition.Although the Director of
Community Development has the authority to take action on Minor Residential Development
applications,staff concluded that the proposed addition results in the largest single family home in
the neighborhood both from the perspective of floor area and mass and scale.Therefore,the
Community Development Director did not exercise his approval authority and,instead,referred the
project to the Planning Commission for review.The project was approved with conditions at the
June 8,2005 Planning Connuissiou meetiug but was appealed by the applicants due to their
dissatisfaction with the conditions of approval
The following table summarizes the existing and proposed square footage for the house.
Existin.and ProDosed S uare Foota2:e
~otArea 9,380
!Existing:Main House 1,786
!Existing:Attached Garag:e 408
Existing:Detached Gara2e 400
lNew Second Story Floor Addition 1,168
lProposed Home Total 2,954
DISCUSSION:
Staffhas summarized the main issues for the Council's consideration and discussion as follows:
1.Detached Garage
The detached garage located to the rear ofthe property was granted a building permit in 1961.
Currently,there is a carport and a covered walkway attached to the 400 square feet structure.
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PAGE 3
MAYORANDTOWNCOUNC~
SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
August I,2005
The current additions to the garage were added without building permits and are unlawful.
The applicants have stated they will remove the illegal additions.
2.Neighborhood Compatibility
Mitchell Avenue is located between Los Gatos Boulevard and Fisher Middle School.The
street consists of a mix of the following zones:eH Restricted Conunercial Highway,C-l
Neighhorhood Commercial,R-1:8 Single-Family Residential and RM-5:12 Multi-Family
Residential.
Currently,the existing home is 1,786 square feet with a Floor Area Ratio (FAR)of 0.19.As
proposed.the 1,168 square feet addition will result in a 2,954 square feet home with a FAR
of0.31.The subject home will have the second highest FAR in the neighborhood for a single-
family home.The largest residential building in the neighborhood is a 2,960 square feet
duplex located around the comer from the project on 16203 George Street.The current size
of the garages,808 square feet,is currently the largest garage area in the neighborhood,the
next one being 640 square feet at 16922 Mitchell Avenue.The following is a table listing the
square footage of homes and lots,FARs,number of stories and residential types in the
neighborhood.
Address Home SF Lot SF FAR Stories Residential
Type
16203 George St 2,960 8,184 0.36 2 Duplex
16942 Mitehell Ave (ProDosed)2,954 9,380 0.31 2 Sin21e-Familv
16906 Mitchell Ave 2,528 7,000 0.36 2 Sinde-Familv
16898 Mitchell Ave 2,408 7,000 0.34 2 Sin21e-Familv
16225 George St 2,200 12,150 0.18 2 Single-Family
16952 Mitchell Ave 2,192 9,387 0.23 2 Single-Family
16951 Mitchell Ave 1,981 7,992 0.25 1 Single-Family
16200 Fisher Ave 1,726 7,105 0.24 2 Single-Family
16892 Mitchell Ave 1,344 7,000 0.19 1 Sinele-Familv
16941 Mitchell Ave 1,220 7,992 0.15 1 Sinele-Familv
16922 Mitchell Ave 972 20,300 0.05 1 Sinele-Familv
16886 Mitchell Ave 880 7,000 0.13 1 Sinele-Familv
3.Architectural Design
Staff and the Town's Consulting Architect,Carmon Design Group,reviewed the proposed
project's architectural design and the consulting architect submitted comments on May 9,
2005 (Attachment 9,Exhihit D).The applicant agreed to incorporate the majority of the
consultant's comments and responded by letter to the suggestions not incorporated into the
redesign in a letter dated May 11,2005 (Attachment 9,Exhibit E).
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PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
August 1,2005
Staff and the consulting architect were satisfied with the architectural design following the
seconcl review of the project.However,staff and the consulting architect remain concerned
that although the use of three exterior materials for the home are acceptable,the materials
consisting of board and batten,stucco,and shingles throughout the house are used
inconsistently.Staff and the consultant suggest a more comprehensive and thoughtful
approach for using the materials along all four sides of the home,in particular the right
elevation which primarily consists of stucco siding,
During its meeting onJW1e 8,2005,the Planning Conunission asked staff to study the view
from the street of the right elevation of the proposed addition.Staff detennined that views
from the street to the right elevation are visually screened by the trees and the neighbor to the
west.
4.ToWn's General Plan -Community Design Element
The Community Design Element brings together the physical elements and design features
of Los Gatos thereby establishing a strong sense of place and local identity.The following
are the most relevant policies to the proposed project:
CD.P .1.1 Promote and protect the physical and other distinctive qualities of residential
neighborhoods.
CD.P.l.5 Avoid abrupt changes in scale and density
CD.P.1.?New structures,remodels,landscapes and hardscapes shall be designed to
hannonize and blend with the scale and rhythm of the neighborhood and
natural features in the area.
CD.P.1.8 Building elements shall be in proportion with those traditionally in the
neighborhood.
CD.P.\.9 Building,landscaping and hardscape materials shall be used that will
reinforce the sense of unity of a neighborhood and blend with the natural
setting.
5.Town's Residential Development Standards
The following are the most applicable standards from the Town's Residential Development
Standards:
Site Develop-ment
The Planning Commission/PlanningDirector shall assess the project's overall effect and
compatibility with the surrounding neighborhood.Does the size,height,style or color
conflict with other structures in the neighborhood?
PAGES
MAYORANDTOWNCOUNC~
SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
August 1,2005
Building Desiwz -HarmonY/Compatibility
The proposed project must have a harmonious and compatible relationship with the
surrounding neighborhood.The factors which contribute to the relationship include,but
are not limited to the following:
1)an appropriate design theme;
2 an appropriate sense of scale;
3)a compatible roofline;
4)colors,exterior materials and details
Scale and Mass -Second-Story Additions and Two-Story Dwellings
To maintain a proportionate distribution of single-story and two-story housing stock in
Los Gatos,property owners and designers are encouraged to strongly consider single-
story designs as viable development alternatives.If a second-story design is chosen,the
applicants shall be required to explain why a single-story design does not work.
PLANNING COMMISSION MEETING:
The Commission considered this application on June 8,Z005.A verbatim transcript of the June 8,
Z005 Commission meeting is shown as Attachment 8.
The Commission had the following concerns:
•
•
•
•
•
•
Size,bulk,mass,and height of the proposed addition.
Z-story height of the living room.
Consistency of exterior materials along all four facades.
Views from the sitting room window on the second floor of the rear elevation..
The neighborhood is in transition and has a mix of housing sizes.
illegal additions to detached garage and its deteriorated condition.
During the meeting,concerned neighbors voiced their opinions on the project.Those in support of
the current design of the project all live on Mitchell Avenue.They stated that the proposed addition
will be an asset to the street,compatible with the nearby homes,and will not create privacy concerns.
The neighbors on Mitchell Avenue were not concerned with the mass and scale of the project.
The neighbors opposed to the current proposal are alllocatcd in the townhouses to the rear of the
site.The following is a swrunary of their concerns from the June 8,2005 Planning Conunission
meeting:
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•
•
•
The two-story addition will create views into the backyards and znd stories of the
townhouses.
There will be an increase in shadows from the 2nd story addition.
The deteriorated garage and its illegal additions are an eyesore to the neighborhood.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
August 1,2005
•
•
The 2 nd story addition is too large.
Tl:ie applicants should clean up the equipment stored in the backyard.
The Planning Commission detennmed that the size,bulk,mass,and height of the current proposal
are not compatible with the neighborhood,the use of exterior materials is not consistent throughout
all four elevations,and privacy concerns from the new 2nd story windows should be reviewed by the
Director of Community Development.One of the concerns,the increase in shadows cast onto the
townhouses,was discussed and detennined to be an insignificant impact due to tbeorientation oftbe
existing home which is located to the north of the townhouses.
The application was approved with the conditions from Attachment #9,Exhibit B and the following
direction from the Planning Commission:
•
•
•
Work with the Director of Community Development to design a project that meets the
approved conditions and return to the Planning Commission as a Director's Report.
Reduce height,bulk and mass by redesigning two-story living room addition to read as
one-story and setting the second story addition back from existing first story wall planes.
Reconfigure the 3 Y2'x 5 Y2'second story window to the right on the southern elevation
to mitigate potential privacy issues with neighbors to the rear of the property.
';[he applicants were not satisfied with the following conditions of approval placed on the project by
the Planning Commission and responded by filing an appeal to the Town CounciL
•FLOORAREAMAXlMUM:Maximum allowable square footage shall be 2,528 square feet.
DESIGN:Modify exterior materials and configuration to be consistent throughout all
elevations to the satisfaction of the Community Development Department and Town
architectural consultant.
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APPEAL:
On June 16,2005,Aileen Braga,the property owner,appealed the Commission's approval of the
proposed project.The appellant believes that the Commission erred or abused its discretion.The
appellant's reasoning for appealing the Commission's decision is provided in Attachment 3.
The appellant has provided the following responses to some of the Commission's concerns and
issues (Attachment 4):
The proposed home is below all Town Code maximums including setbacks,height
limits,and Floor Area Ratio (FAR).
•The proposed home will result in a net increase of only one bedroom.
•The addition is reasonable because the neighborhood has no clear architectural pattern
and has a mix in scale (the Honda dealership on one end ofthe street and Fisher Middle
School on the other).
PAGE 7
MAYORANDTOWNCOUNC~
SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
August 1,2005
•The addition is situated adjacent to an approximately 7,000 square feet townhouse
building.
•The existing home is setback 25 feet from the street;the proposed second stol)'is setback
53 feet from the street.
•The addition bas been redesigned using Larry Cannon,the Town architectural
consultant's recommendations.The consultant's concern regarding the second floor right
side elevation is not relevant because that side of the home cannot be seen from the
street.
•The illegal additions to the garage are in the process of being removed.
The two-story living room addition and its vaulted ceiling allows room for a stairway and
a view down from the sitting room area.
Regarding the placement of windows,the distance from the home to the townhouses is
approximately 64'-0".Further,the mature landscaping and large tree in the backyard will
help mitigate privacy issues.
CONCLUSION:
The Council should consider and discuss the following issues:
1.Detennineiftheproposed project is compatible with the neighborhood in terms ofsquare
footage,bulk,and mass;and
2.Detennine if the proposed project is compatible with the neighborhood in tenns of
architectural style and exterior materials.
Should the Council be inclined to grant this appeai,the Council should:
•
•
Make the required findings and considerations in Attachment 1;and
Approve the application subject to the conditions in Attachment 2 and as shown on the
development plans in Attachment 7.
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Council may address any remaining concerns through additional conditions of approval.
ENVIRONMENTAL ASSESSMENT:
Is a project as defined under CEQA but is Categorically Exempt 15301 of the State Environmental
Guidelines as adopted by the Town.
FISCAL lM1'ACT:
None.
PAGE 8
MAYORANDTOWNCOUNCa
SUBJECT:APPEAL OF 16942 MITCHELL AVENUE
August 1,2005
Attachments:
1.Findings and Considerations from the Staff Report for the Planning Commission meeting of
June 8,2005 (Revised - 4 pages).
2.Conditions of Approval if appeal is grauted (3 pages).
3.Appeal from appellaut (I page),received June 16,2005.
4.Additional information from the appellant (4 pages)received July 19,2005.
5.Letter from Applicant with neighbors'signatures received at Planning Commission Meeting,
June 8,2005.
6.Desk Item from the Director of Community Development to the Planning Commission,dated
June 8,2005 for the meeting of June 8,2005 (9 pages).
7.Development plans (9 pages)received on May 20,2005.
8.Verbatim transcript from the Approved Minutes of the Planning Commission meeting of
June 8,2005 (16 Pages -Previously Submitted).
9.Report from the Director of Community Development to the Planning Commission,dated
June 8,2005 for the meeting of June 8,2005 (29 Pages -PreviOUSly Submitted).
10.Letter from Lazaro Garza dated July 23,2005.
Distribution:
Doug aud Aileen Braga,16942 Mitchell A venue,Los Gatos,CA 95032 (report only).
LaudmarkDesigus,114 Royce Street,Suite A,Los Gatos,CA 95030 (report only).
N:\DEVWu_Bang\Arch &Site\16942 Mitchell Ave\2005-08-01 TC Repoft.wpd
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REQUIRED FINDINGS AND CONSIDERATIONS FOR:
16942 Mitchell Avenue
Architecture and Site Application S-05-057
Requesting approval to construct a second story addition on property zoned RM:5-12.APN
529-18-014
PROPERTY OWNER/APPLICANT:Doug Braga
FINDINGS
"',"
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•The project is Categorically Exempt pursuant to Section 15301 of the State Environmental
Guidelines as adopted by the Town.
CONSIDERATIONS IN REVIEW OF APPLICATIONS
As required by Section 29.20.150 of the Town Code for Architecture and Site applications:
The deciding body shall consider all relevant matter including,but not limited to,the
following:
"".,
(1 )Considerations relating to traffic safety and traffic congestion.The effect of the site
development plan on traffic conditions on abutting streets;the layout ofthe site with
respect to locations and dimensions of vehicular and pedestrian entrances,exits,
drives,and walkways;the adequacy of off-street parking facilities to prevent traffic
congestion;the location,arrangement,and dimension oftruck loading and unloading
facilities;the circulation pattern within the boundaries ofthe development,and the
surfacing,lighting and handicapped accessibility of off-street parking facilities.
A.Any project or development that will add traffic to roadways and critical
intersections shall be analyzed,and a determination made on the following
matters:
"-
"-
1.
2.
3.
The ability of critical roadways,and major intersections to
accommodate existing traffic;,
Increased traffic estimated for approved developments not yet
occupied;and
Regional traffic growth and traffic anticipated for the proposed
project one (1)year after occupancy.
B.The deciding body shall
roadway/intersection capacity
determinations:
review the application for traffic
and make one (1)of the following
'.
1.Theprojectwill not impact any roadways and/or intersections causing
Attachment 1
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16942 Mitchell Avenue
Architecture and Site Application 8-05-057
Page 2
2.
the roadways and/or intersections to exceed their available capacities.
The project will impact a roadway(s)and/or intersection(s)causing
the roadway(s)and/or intersection(s)to'exceed their available
capacities.
Any project receiving Town determination subsection (l)b.l.may
proceed.Any project receiving Town determination subsection
(l)b.2.must be modified or denied if the deciding body determines
that the impact is unacceptable.In determining the acceptability of a
traffic impact,the deciding body shall 'consider if the project1s
benefits to the community ovenide the traffic impacts as determined
by specific sections from the general plan and any applicable specific
plan.
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(2)
(3)
Considerations relating to outdoor advertising.The number,location,color,size,
height,lighting and landscaping of outdoor advertising signs and structures in
relation to the creation of traffic hazards and the appearance and harmony with
adjacent development.Specialized lighting and sign systems may be used to
distinguish special areas or neighborhoods such as the downtown area and Los Gatos
Boulevard.
Consideratio'tls relating to landscaping.The location,height,and materials ofwalls,
fences,hedges and screen plantings to insure hannony with adjacent development or
to conceal storage areas,utility installations,parking lots or unsightly development;
the planting of ground cover or other surfacing to prevent dust and erosion;and the
unnecessary destruction ofexisting healthy trees.Emphasize the use ofplanter boxes
with seasonal flowers to add color and atmosphere to the central business district.
Trees and plants shall be approved by the Director of Parks,Forestry and
Maintenance Services for the purpose ofmeeting special criteria,including climatic
conditions,maintenance,year-round versus seasonal color change (blossom,surruner
foliage,autumn color),special branching effects and other considerations.
1
(4)Considerations relating to site layout.The orientation and location ofbuildings and
open spaces in relation to the physical characteristics of the site and the character of
the neighborhood;and the appearance and harmony of the buildings with adjacent
development.
Buildings should strengthen the form and image of the neighborhood (e.g.
downtown,Los Gatos Boulevard,etc.).Buildings should maximize preservation of
solar access.In the downtown,mid-block pedestrian arcades linking Santa Cruz
Avenue with existing and new parking facilities shall be encouraged,and shall
include such crime prevention elements as good sight lines and lighting systems.
16942 Mitchell Avenue
Architecture and Site Application S-05-057
Page 3
(5)Considerations relating to drainage.The effect ofllie site development plan on the
adequacy of stonn and surface water drainage.
(6)Considerations relating to the exterior architectural design of buildings and
structures.The effect ofthe height,width,shape and exterior construction and design
of buildings and structures as such factors relate to the existing and future character
of the neighborhood
and purposes ofthe zone in which they are situated,and the purposes of architecture
and site approval.Consistency and compatibility shall be encouraged in scale,
massing,materials,color,texture,reflectivity,openings and other details.
(7)Considerations relating to lighting and street furniture.Streets,walkways,and
building lighting should be designed so as to strengthen and reinforce the image of
the Town.Street furniture and equipment,such as lamp standards,traffic signals,fire
hydrants,street signs,telephones,mail boxes,refuse receptacles,bus shelters,
drinking fountains,planters,kiosks,flag poles and other elements of the street
environment should be designated and selected so as to strengthen and reinforce the
Town image.
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(8)Considerations relating to accessfor physically disabled persons.The adequacy of
the site development plan for providing accessibility and adaptability for physically
disabled persons.Any improvements to a nonresidential building where the total
valuation of alterations,structural repairs or additions exceeds a threshold value
established by resolution of the Town Council,shall require the building to be
modified to meet the accessibility requirements of title 24 of the California
Administrative Code adaptability and accessibility.In addition to retail.personal
services and health care services are not allowable uses on nonaccessible floors in
new nonresidential buildings.Any change of use to retail.health care,or personal
service on a nonaccessible floor in a nonresidential building shall require that floor
to be accessible to physically disabled persons pursuant to the accessibility
requirements of title 24 of the California Administrative Code and shall not qualify
the building for unreasonable hardship exemption from meeting any of those
requirements.This provision does not effect lawful uses in existence prior to the
enactment of this chapter.All new residential developments shall comply with the
Town's adaptability and accessibility requirements for physically disabled persons
established by resolution.
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(9)Considerations relating to the location ofa hazardous waste management facility.
A hazardous waste facility shall not be located closer than five hundred (500)feet to
any residentially zoned or used property or any property then being used as a public
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16942 Mitchell Avenue
Architecture and Site Application S~05-057
Page 4
or private school primarily educating persons under the age of eighteen (18).An
application for such a facility will require an environmental impact report,which may
be focused through the initial study process.
N:\DEV\Vu_Bang\Arch &Site\16942 Mitchell Ave\200S-08-01 A&S Findings.wpd
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7.
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CONDITIONS OF APPROVAL FOR:
16942 Mitchell Avenue
Architecture and Site Application 8-05-057
Requesting approval to construct a second story addition on property zoned RM:S-12.APN
529-18-014
j'ROPERTY OWNER/APPLICANT:Doug Braga
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(planning Section)
1.AFPROVAL 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 received May 20,
2005.Any minor changes or modifications made to the approved plans shall be approved by
the Director of COITuTIlmity Development other changes will be approved by the Planning
Commission,depending on the scope of the change(s).
3.DETACHED GARAGE:Remove the carport and covered walkway attached to the garage
prior to issuance of a building pennit for the addition.
(Building Sectiou)
.4.PERMTlS REQUIRED:A building permit shall be required for the secoud story addition and
remodel of the single family residence.Separate permits are required for electrical,
mechanical,and plumbing work as necessary.f:CONDITIONS OF AFPROVAL:The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans.
SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
SOILS REPORT:A soils report,prepared to the satisfactiou of the Building Official,
containing foundation and retaining wall design recommendations,may be required to be
submitted :with the building pennit application.This report shall be prepared by a licensed
civil engineer specializing in soils mechanics.ALTERNATE:Design the foundation for an
allowable soils 1,000 psfdesign pressure.(Unifonu Building Code Volume 2 -Section 1805)
8.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
~.report;and.the building pad elevation,on-site retaining wall locations and elevations are
(prepared according to approved plans.Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered.civil engineer for the following items:
1.Building pad elevation
2.Finish floor elevation
3.Foundation comer locations
(9..TITLE 24 ENERGY COMPLIANCE:California Title 24 Energy Compliance fonus CF-IR
and MJi'-1 R must be blue-lined on the plans.
10.TOWN FIREPLACE STANDARDS:New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905.Tree limbs shall be cut within 10-feet of
chimneys.
Attachment 2
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16942 Mitchell Avenue
Architecture and Site Application S-05-057
Page 2
II.SPECIAL INSPECTIONS:When a special inspection is required byUBC Section 1701,the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building pennit.The Town Special
Inspection form must be completely filled-out,signed by all requested parties and be blue-
lined on the construction plans.Special Inspection forms are available from the Building
Division SeIVice Counter or online at www.losgatosca.gov.
12.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page.The specification sheet is available at the Building Division Service Counter for a fee of
$2 or at San Jose Blue Print.
13.APPROVALS REQUIRED:The project requires the following agencies approval before
issuing a building permit:
a.Connnunity Development:Vn Nguyen at 354-6807
b.Engineering Department:Fletcher Parsons at 395-3460
c.Santa Clara County Fire Department:(408)378-4010
d.West Valley Sanitation District:(408)378-2407
e.Local School District:(Contact the Town Building Service Counter for the appropriate
school district and to obtain the school form.)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
14.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 andlor 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 perfonning the required maintenance at the
developer's expense.
15.ENCROACHMENT PERMIT.All work in the public tight-of-way will require a
Construction Encroachment Permit.All work over $5,000 will require construction security.
16.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.17.CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thonsand (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 (§15.40.070).
18.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through curb
drains will be allowed.
19.SILT AND MUD IN PUBLIC RlGHT-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
16942 Mitchell Avenue
Architecture and Site Application S-05-057
Page 3
20.
21
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22.
23.
daily basis.Mud,silt,concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
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.
SANITARY SEWER LATERAL.Sanitary sewer laterals are televised and approved by West
Valley Sanitation District before they are used or reused.Install a sanitary sewer lateral
clean-out at the property line.
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 UnifolID Plumbing Code adopted by section 6.50.010 ofthe 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.
CONSTRUCTION NOISE.Between the hours of8:00 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)feel.If the device is located within a structure on the properly,
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.
N:\DEVWu_Bang\Arch &Site\16942 Mitchell Ave\2005-08-01 A&S Conditions2.wpd
hU"-till{(je.~/.-f,tY1.IrIII'!.
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$1047.00 per Commercial,Multi rc"",."',".-gO .Main St.,Los G os CA JUHl~Q1 2005
ramily or Ten~ti"e MapAppeal ~"",,~'-.:...J..:...:...::.::.':L..:.....
APPEAL OF PLANNING CO
1\the .undersigned.do hereby appeal a decision,orlhe Planning Commission as follows:(PLEASE TYPE OR PRINT NEATLY)
DATE OF PLANNING COMMISSION DECISION'.::I"ne-Z 200S""
PROJECT I APPLICA TlON NO,__-''''''----0'''''<;"_--'0,,$...7<--'-__
ADDRESS LOCATION,~(,9V Mrkb<Ii f.-ve.La""<f,los a 9StJ3Z.,
Pursuant to the Town Code.the Town Council may only grant an appeal of a Planning Commission decision in most malters if the
Council finds that one of three (3)reasons exist for granting the appeal by a vote of at least three (3)Council members.Therefore,
please specify how one of those reasons exist in the appeal:
t.The Planning Commission erred or abused its discretjo~because ou.r house I~Wrl:JlIJ1 (l.t...nder )
floor Ci.('f4 '1J4a.ye .~okse·l"v'\o.,x/rclA!!).,'~(h,e e/eV4fta,VS
____~~;OR
2.There is new information that was not reasonably available at !he time of the Planning Commission decision.which is
/
3.-
____------------------~(pleaseattach the new infor~ation if possible):OR
The.Planning Commission did not have diScretion to modify or address the following policy or issue that is vested in the Town
Council:_,_-----------c
Ave
9SD3z..
urned to the Pl<lnning
Los
"ADDRESS,('e1115 k"",,--,..
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5,
6.
4,
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IF MORE SPACE IS NEEDED,PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT,.".~N€.O·
I.Appellant is responsible for fees for transcription of miRutes.Q..€.C t"o-
2.Appeal must be filed within ten (10)calendar days of Planning Commission ~ecision accom~anled by thetfe'l..q\~filing fee.
Deadline is ;5:00 p.m.6n the 10'·day following the decision.If the I~'"day is a Saturday.SUnda)\~t~w~h6nday,then it
may be filed on the workday immediately following the 10'"day,usually a Monday.,-J G~'lOS
The Town Clerk will set the hearing 'withing 56 days of the da'te of the Planning Commission De~tt<ff'~~~e No.
196.7)"10 l"t1J1N'G'
.An appeal regardi'ng a Change of Zone application or a subdivision map only must be filed witHfirfhe time limit specified in
the Zoning or Subdivision Code,as applicable.which is different from other appeals,.
Once filed,the appeal will be heard by the Town Council.
If the reason for granting an appeal is the receipt of new infonnation.the application will usually
Commission for reconsideration.
PRINT NAME:A lief\,)~cc...l:sG..
DATI;:,("-/?-6';-
PHON!;:'fo ~c •?S("-s 3 7 'i
TO APPLICANT &APPELLANT BY:
DATE OF PUBLICATION'9"..«",~--,JJ"'-,;,-,<:>1",WS=",-_
Attachment 3
CONFIRMATION LEITER sa
...OFFICIAL USE ONLY'"
Cl.u~S rRaJ5
Pending Planning De;partinent Confirmation
DATE TO SEND PUBLICATION,N /~c<M5
N;\CLK\FORMS\PIJnnin~Commis~ion Aooeal.wod Rev;17.•?'0.0<1
DATE OF PUBLIC HEARING:
c-July 12,2005
Town Council
110 E Main Street
Los Gatos,CA 95031
RE:16942 Mitchell Avenue Project
Dear Mr.Mayor and Members oftbe Town Council,
INTRODUCTION:
RECEIVED
JUL 1 9 2005
TOWN OF LOS GATOS
PLANNING DIVISION
.,..
-<
We are coming before you in hopes that you would honor our appeal.We hired an architect,engineer
and had drawn our plans using the town's written regulation and standards.We carne before the town
planning corrunission as a result the town staff lack of approval ability.We were told by the staff that
they did not have the authority to approve the largest house on the street.The staff said if we could fmd
J'bigger house on the street they would not have a problem approving ow-plans.We were told,if our
i}~ighbors were ok with the plans and if we stayed within the original written codes by the town,we
Should be okay_
We took our plans to the neighbors on OUT street.They all liked our plans and signed a letter saying they
v.:ere in agreement with our changes and felt it would be an improvement for our streets'appearance.As
most of you already know,our street is just one block long with no particular architectural design.At
one end of the street we have Fisher Middle School.At the other end,we have Los Gatos Honda
Dealership and businesses.We also looked at the fact that even though our house will be larger than
o$l1er houses on our street,there are three other houses in our neighborhood with bigger footprints than
bilrs.
PHer to meeting with the town planning commission,we met with the to'Wll design review committee
Where Larry L.Cannon made some suggestions.Please note all the changes we made in the letter
~ddressed to Larry Cannon from Krista Wendt,AIA Assoc.Principal of Landmark Design.The
~~gineering and the fire department also all said they had no recommended changes.Following theses
i!onversations and making the necessary changes as asked,we were surprised when the planning
tibrnmission did not support our project.
STAFF RECOMMENDATION:
Recommendation One:
"Reduce the size,bulk and height of the addition to be more compatible with the neighborhood with a
total floor area maximum of2528 sq feet,the size of the current largest single family home in the
n~ighborhood.
Rebuttal:
Our original design is below all written standards which were provided before we even started designing
Stir project.The addition to the house has two stepped up elevations and is not a footprint over the entire
aSuse which reduces the appearance of "size and bulk".The town's maximum allowance for height is
~\.:;
Attachment 4
,',r
3.0 feet.Our second story elevations are at 24 and 22 feet at their peak.Well under the recommended
height limit and under the height of other houses on our street.
'Further reduction would be detrimental to the proj ect.We are being asked to reduce our square footage
by 448 sq feet,more than 1/3 of our project.We are trying to go from a 3 room to a 4 room house.Our
s'on's room is currently a pass through room on the way to the garage.We have been told this room is
not a legitimate room.By making his room the laundry/utility room,we are loosing one of our rooms,
down stairs thus the need for an additional room and bath upstairs.The need for an additional room will
~bon be a necessity as our parent's are nearing health/age issues that will require them to come and live
~ith us.To reduce our house by 448 sq feet,we would be looking at a box on top of the back comer of
~'puse.This would be an architectural design disaster.
(,i"We looked at the make up of our neighborhood before we even started the plans.Los Gatos has no
ymtten definition of what constitutes "a neighborhood."Regardless of this,we made an attempt by
~omparingour house to the surrounding houses.We found that there is no clear architectural pattern.
Qur neighborhood consist of:4 existing 2 story houses,5 single story houses (not including ours),a,.
Honda dealership,a business complex,a preschool,and the middle school is 200 feet away.In
addition,we have a six-unit townhouse complex adjacent to our property with two stories which is
approximately 7,000 square feet.Our house is set back 25 feet from the street.The second story addition
Will be set back 53 feet from the street.This is much further back than many other existing homes on our
;treet.Our street has at least 2 other homes that are above our proposed height.The style in our
n~ighborhood is eclectic in nature,with a mix of stucco and wooden exterior materials.Our addition is
c6nsistent with our current style,will fit the neighborhood,and will be an asset to our street.We
9~signed our addition to be under the "bulk"of those found in our neighborhood and town.
:,..)
Recommendation Two:l::lJ:.
'j
'iR;~vise the exterior materials and configuration to be consistent throughout elevations and set two-story
~~~ition back from existing first story wall planes with guidance from the Town architectural
consultant."
"'1.',
Kfbuttal:
\-:
~arry Carmon the town architect reviewed our revised drawings after his suggestions.In general,he .
f~lt we responded adequately to his earlier concerns.He did suggest that our elevations have reverted to
stUcco walls.We did not "revert"but have stayed consistent with our current design which currently.
includes the use of wood and stucco.
"
We made several changes per Mr.Carmon's suggestions to give the house some exterior consistency.
Those included adding wood trim in various places,adding a callout at the existing brackets on exterior
eJevations,changing the horizontal trim boards to 2xl0's,extending the boards to other areas and
~~ding a small shed roof with matching brackets over the existing rear sliding doors.All these were
~o.ne upon his recommendations.,,'.
~".:..
'C~rry Cannon's last area of concern was the second floor right side elevation.At a minimum,he wanted
~~to add rafter tails to the second floor roof overhang similar to those shown on the opposite side of the
~econd floor mass facing the entry.It is also important to note that this side of the house can not be seen
frbm our street.During the planning commission meeting,Commissioner Morris Trevithick asked the
staff to review this point as he recognized that side ofthe house can not be seen from the street.
I,
I
I
~
I
';........,.
Regardless of the lack of view from the street,we will add the rafter tails to the second floor roof
overhang.,
As our plans stand our wall planes are already set back from the first story wall planes.Thus no
~~justment is needed in this area
•.~'
"~~
"J.\¢commendation Three:
h,
·irRf;move the carport and covered walkway from the detached garage."
:.~,:..,,..
:i?,.ebuttal:(none)
)~'."-..,
""II!e have already begun to take this down and are in agreement with the recommendation.
TOWN PLANNING COMMISION RECOMMENDATIONS:
R.ecommendation One:
':Work with the Director of Community Development to design a project that meets the approved
~qnditions and return to the Planning COmnllssionDirector's report.",'it·-
!#!buttal:
.:.;.j,
We have chosen to appeal as we do not agree with the "approved conditions".We are clearly within the
Witten requirements set by the town.We obtained this information from the planning staff prior to
~?rnmencement of our project drawings.We are under the F.A.R.height requirement.and all set backs .
.,
Recommendation Two:
~educe height,bulk and mass by redesigning two-story living room addition to read as one-story and
setting two story addition back from existing first story planes."
Rebuttal:
Much of this as already been addressed.The two-story living room space is 22 feet high at the ridge,8
(~ht below the maxirmun limit.This room has a vaulted ceiling is for our stairway as and will allow us
tg)ook down from the sitting room area.Lowering this elevation would be an architecturally difficult
job and would greatly hann the craftsman style.If we reduce the square footage,our house would look
like we placed a box on top of it.This would not improve the looks of our neighborhood but hinder it.
~!.,
Xgain,our house design does indeed have many set backs from the existing [lIst story wall planes.
'2;;
Recommendation Three:
~.econfigure the 3 1/2 x 5 1/2 second story window to the right on the southern elevation to mitigate
p~tentia1 privacy issues with rear neighbors.
j-'.
Rebuttal:
'~6 took great care when placing windows on the back wall,as we wanted to enjoy our backyard but
protect privacy of our neighbors and ourselves.It is approximately 64 feet from the back of our house to
the back of the townhouses.We are set back more than 46 from the back fence and the town houses are
~~t back approximately 18 feet from the fence line.We have mature landscaping and a large tree in our
backyard,so most of the privacy will be taken care of from our existing landscaping.There are
~Urrently 2 windows in the townhouses that will be affected by that window.lfyau were to look at our
plans.the "affected"windows are located behind our detached garage by approximately 22 feet.This
p..articular window is placed in the comer of our upstairs room.Unless standing directly in front of the
window,we would not even be able to see the exposed windows in the rear which are more than 70 feet
a,way.
CONCLUSION:
Our project is under:
1{.4/.Wntten F.A.R.
~{F':..Written height requirements
'V.I·'t;",:,.Has met all the set back requirements
lJl:"".,"..,,
We have been willing to work with the town from the very beginning of this project.We would
~preciate your consideration of the above items,would like to speak with each of you regarding any of
y~ur questions,and to communicate about our project with you.Thank.you for your time and
consideration.
Slhcerely,..
Doug Braga
;~
....'j:,;'-'
"
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Aileen Braga
RE.CEWE.O·
Braga AdditioolRemodel JI.ll'\&~5 t1Pt'Tid1 _
1694ZMitcheUAve huNe-TJ I(f SGI'10S ~
TOV>lt-l o~.~OOI\1\SIOt-l .
pl.!'J'lt-ll"
We have reviewed the Braga's plans and looked over the elevations.We are in approval
of th~ir plans as shown.
AddresName s SIgnature
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J Attachment 5
REPORT TO:
FROM:
LOCATION:
Date:_----:_:-::-_----'J'"u"ne"-"-8,~2"'0"'0"'5_
~rAg~daOf_~J~~e~8h,~2~0~05L_
Agenda Item::--'2~_
DESK ITEM
The Planning Commission
The Director of Community Development
16942 Mitchell Avenue
Architecture and Site Application S-05-057
Requesting approval to construct a second story addition on property
zoned RM:5-12.APN 529-18-014
PROPERTY OWNERIAPPUCANT:Doug Braga
DEEMED COMPLETE:May 11,2005
FINAL DATE TO TAKE ACTION:Novemher II,2005
Recommended Conditions ofAcproval
The Recommended Conditions of Approval have been revised to show the May 20,2005
received date shown on the full-size set of drawings submitted to the Community Development
Department (Exhibit B).
I
I
EXHIBITS:
A.DISCUSSION:
A-H.
I.
J.
K.
L.
M.
Previously Submitted.
Revised Recommended Conditions of Approval (3 pages).
Neighbors'Signatures (I page)received May 11,2005.
Project Data Sheet (1 page).
Letter from Applicant's Mother (I page)received J~e 8,
2005
Letter from Residents of 16203 George Street and 16951
Mitchell Avenue (I-page)received J~e 8,2005
Nei~hbors'SiW1afures
The applicant submitted a list of signatures from five ofthe eight property owners on Mitchell
Avenue in support ofthe proj eet on May II,2005.The neighbors'signatures were not included.
in the Planning Commission packet sent on J~e 3,2005 (Exhibit 1).
Project Data Sheet
The proJect data sheet was not included in the packet sent on June 3,2005 (Exhibit J).
Attachment 6
The Planning Commission -Page 2
16942 Mitchell Avenue!8-05-057
June 8,2005
Letter from Applicant's Mother
The letter from the Applicant's mother gives three reasons for the remodel including the
improvement of the current living space,the improvement of the neighborhood due to the
craftsmen design of the house,and the need for additional living space for personal reasons
(Exhibit K).
Letter (rom Residents 0(16203 Geor~e Street and 16951 Mitchell Avenue
The residents of 16203 George Street submitted a letter in support of the proposed project.The
letter was also signed by the current residents ofl6951 Mitchell Avenue (Exhibit L).
.Lortz,Community Development Director
Prepared by:Vu-Bang Nguyen,Assistant Planner
BNL:VBN
N:\DEV\Vu_Bang\Arch &.Site\16942 Mitchell Avc\Dcsk Item2.wpd
.CONDITIONS OF APPROVAL FOR:
,
-16942 Mitchell Avenue
Architecture and Site Application 8-05-057
'Requesting approval to construct a second story addition on property zoned RM:5-12.APN
529-18-014
PROPERTY OWNER/APPLICANT:Doug Braga
,TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(planning Section)
).APPROV ALEXPIRATION: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.AFPROV AL:This application shall be completed in accordance with all of the conditions of
{approval listed below and in substantial compliance with the approved plans received May 20,
2005.Any minor changes or modifications made to the approved plans shall be approved by
the Director of Commtmity Development other changes will be approved by the Planning
Commission,depending on the scope'ofthe change(s).
3.FLOOR AREA MAXIMUM:Maximum allowable square footage shall be 2,528 square feet.
4.DESIGN:Modify exterior materials and configuration to be consistent throughout all
elevations and set two-story addition back from existing first story wall planes to the
satisfaction of the Community Development Department and Town architectural consultant.
S.DETACHED GARAGE:Remove the carport and covered walkway attached to the garage
prior to issuance of a building pennit for the addition.
(Building Section)
,~.~
A.
,5
6.
7.
."
'"
;;
8.
PERMITS REQUIRED:A building permit shall be required for the second story addition and
remodel of the single family residence.Separate permits are required for electrical,
mechanical,and phunbing work as nec"essary.
CONDmONS OF APPROVAL:The Conditions of Approval must be blu.,lined in full on
the cover sheet of the construction plans.
SIZE OF PLANS:Four sets of constructionplans ,maximum size 24"x 36."
SOILS REPORT:A soils report,prepared to the satisfactiou oftbe Building Official,
containing foundation and retaining wall design recommendations,may be required to be
submitted with the building permit application.This report shall be prepared by a licensed
civil engineer specializing in soils mechanics.ALTERNATE:Design the foundation for an
allowable soils 1,000 psf design pressure.(Uniform Building Code Volume 2 -Sectiou 1805)
FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report;and,the building pad elevation,on-site retaining wall locations and elevations are
prepared according to approved plans.Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a"Building pad elevation
b.Finish floor elevation
c.Foundation comer locations
TITLE 24 ENERGY COMPLIANCE:Califorilla Title 24 Energy Compliance forms CF-IR
and MF-IR must be blue-lined on the plans,
Exhibit I
".'
.
,9.
)2.
TOWN FIREPLACE STANDARDS:New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905.Tree limbs shall be cut within IO-feet of
chimneys .
SPECIAL INSPECTIONS:When a special inspection is required by UBC Section 1701,the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building pennit.The To\Vll Special
Inspection form must be completely filled-out,signed by all requested parties and be blue-
lined on the construction plans.Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov.
II.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nenpoint Source Pollution Control Program shall be part of the plan submittal as the second
page.The specification sheet is available at the Building Division Service Counter for a fee of
$2 or at San Jose Blue Print.
APPROVALS REQUIRED:The project reqnires the following agencies approval before
issuing a building permit:
a.Community Development:Vu Ngnyen at 354-6807
b.Engineering'Department:Fletcher Parsons at 395-3460
c.Santa Clara County Fire Department:(408)378-4010
d.West Valley Sanitation District:(408)378-2407
e.Local School District:(Contact the Town Building Service Counter for the appropriate
school district and to obtain the school form.)
'\0.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBUC WORKS:
(Engineering Division)
13.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
reiated 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 andlor the street will
not be allowed unless a special pennit is issued.The developer's representative in charge
shall be at the job site dnring all working hours.Failure to maintain the pnblic right-of-way
';according to this condition may result in the Town performing the required maintenance at the
developer's expense.
14.ENCROACHMENT PERMIT.All work in the public right-of-way will require a
(Construction Encroachment Pennit.All work over $5,000 will require construction security.
15.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.
16.CONSTRUCTION STREET P ARKlNG.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
Towu Engineer (§15.40.070).
17.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No throngh curb
drains will be allowed.
18.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.,.,
16942 Mitchell Avenue
Architecture and Site Application 8-05-057
Page 3
19.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.
·20.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised and approved by West
Valley Sanitation District before they are used or reused.Install a sanitary sewer lateral
clean-out at the property line.
flo SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures which have
flood level rims less than twelve (12)inches (304.8 nun)above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shan be protected from backflow of sewage by installing an approved
type backwater valve.Fixtures above such elevation shall not discharge through the
backwatervalve,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 hy 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.
22.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.Ifthe 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.
N:\DEVWu_Bang\Arch &Site\16942 Mitchell Ave\2005-05-04 A&S Conditions.wpd
,,
•
B.r.aga Remodel
16942~A"e
We have reviewed the Braga's plans and looked over the elevations.We are in approval
oftheirplans-as·shown.
Name Address Si
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Exhibit:J
Land use
Lot size:
~Square feet/acres
Exterior materials:
siding
trim
J'windows,.
,oi roofing
,,'Building square footage:
1.first floor,
•'second floor
•garage
•cellar
Wood and stucco
Wood
Vinyl
Wood shake
1 ,786 sq.ft.
none
808 sq.ft.
none
Wood and stucco
Wood
Vinyl
Composition shingles
1,786 sq.ft.
1,168sq.ft.
808 sq,ft.
none
'Setbacks (ft.):
•front
rear'
."side.,
.j:.'...side street
¥'aximutri heighf (ft.)
'~uilding coverage (%)
J:loor Area Ratio (%)
•house
garage
i?arking
Tree Removals
25'·0"
41'6"
8'-0"and 13'·0"
14'-6"
27.7%
19.0%
8.61%
2 spaces
25'·0"
41'6"
8'-0."and 13'-0"
27.7%
31,5%
8.61%
2 spaces
none
25 feet minimum
20 feet minimum
8 feet minimum
20 feet minimum
30 feet maximum
40%maximum
31,5%
8.77%
2 spaces
Exhibit K
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di ~RECEIVE.D
:;1 ~ikMf~JUN B 2005
.,LOS GATOS
,T~~~I~G ONISION.,..
,
June 5,2005
RECEIVED
JUN 0 8 2005
TOWN OF LOS GATOS
PLANNING DIVISiON
I
Dear Members of the Los Gatos Town Planning Co=ission,
I currently live at 16203 George Street and grew up at 16951
Mitchell Avenue where my parents,the Garza's still reside.This is
around the comer and across from 16942 Mitchell Ave (APN 529-
18-014).the residence of the Doug Braga family.We would like to
let you know that we are fully in favor of the proposed addition
and remodel.It will enhance the block and be a benefit all around.
We support and encourage the approval of their plans.
Thank you for your consideration of our opinion.
Respectfully Submitted,
Roger and R~ecaRObbinS
.(.1"......~.
N12~
o and Bridget Garza
Exhibit H
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IG942 MITCHELL AVE,
LOS GATOS,CALIFORNIA
AREMODEL $ADDITION TO THE
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RECEIVED
JUL 26 2005
TOWNOFL
PLANNING ODSIVGATOS
IS/ON
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