11 Staff Report - 14329 Mulberry Drive\\
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
October 9,2008
MAYOR AND TOWN COUNCIL
GREG LARSON,TOWN MANAGER
MEETING DATE:10/20/08
ITEM NO:
SUBJECT:CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST TO DEMOLISH A SINGLE FAMILY
RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE ON PROPERTY
ZONED R-I:8.APN 409-15-021 ARCHITECTURE AND SITE
APPLICATION S-07-188 PROPERTY LOCATION:14329 MULBERRY
DRIVE PROPERTY OWNER/APPLICANT:HALLMARK COMMUNITY
SERVICES APPELLANT:DENNIS CHAMBERS
RECOMMENDATION:
I.Hold the.public hearing and receive public testimony.
2.Close the public hearing.
3.Uphold the decision ofthe Planning Commission and approve the Architecture and Site
Application S-07-188 and deny the appeal.(motion required).
4.Refer to the Town Attomey for preparation of the appropriate resolution.
If the Town Council concurs that the Planning Commission's decision should be reversed or
modified the Council needs to find one or more of the following (motion required):
(I)where there was error or abuse of discretion on the part of the Planning COlmnission;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.
If the predominant reason for modifying or reversing the decision of the Planning
Commission is new information as defined in Subsection (2)above,it is the Town's policy
that the application be retumed to the Commission for review in light of the new infonnation
unless the new information has a minimal effect on the application.
PREPARED BY:BUD N.LORTZ 6.-\?:'
DIRECTOR OF COMMUNITY DEVELOPMENT
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL OF 14329 MULBERRY DRIVE
October 9,2Q08
5.Refer to the Town Attorney for preparation of the appropriate resolution.
BACKGROUND:
As pennHted by State Law,the proposed house will be used as a state licensed small group home
for developmental disabled adults.The applicant is working under a pilot program of Senate Bill
962,which is seeking housing throughout the area for individuals who currently reside at
Agnews State Hospital and have health care needs.Pursuant to State Law,the Town has no
jurisdiction regarding the small group home use.Therefore,Town Council is limited to
discussing only the proposed Architecture and Site application for a new single family residence.
The use is not subj ect to this hearing.
DISCUSSION:
1.Project Summary
The applicant is requesting approval of plans to demolish a single family residence and to
construct a 2,784 square foot one story single family residence.The house will be barely visible
from the street since it is located on a corridor lot.The neighborhood has a mix of house styles
which are traditional in design and character.The house sizes in the neighborhood range from
500 to 3,850 square feet.The proposed house size for the subject lot is 2,784 square feet.The
proposed and allowed FAR for the subject lot is .317 (includes house and shed).The corridor (
portion of the lot was not used in the FAR calculation.The FARs in the neighborhood for a
residential structure only,range from .052 to .432 .
As noted above,the site is a corridor lot which has access from Mulberry Drive.TIle subject lot
does not have an access easement to use the adjacent property's driveway,which runs parallel
with the subject driveway.Therefore,the driveway will be reconstructed entirely on the subject.
parcel.
Town Code requires two parking spaces for a single family residence.Two unenclosed parking
spaces are proposed in front of the house outside of the front setback.The plans erroneously
note the parking and backup areas as reversed.A condition has been included which clarifies the
locations of these two areas.No garage is proposed.Due to the angle of the driveway to the
front ofthe property,vehicle maneuverability is difficult.Therefore,a vehicle backup area is
proposed wHhin the front setback.This will allow vehicles to turnaround as opposed to backing
out of the driveway.
2,Development Review Committee
The Development Review Committee (DRC)approved this application on June 17,2008 subject
to conditions (Exhibit 5 of Attaclunent 1).Conditions were included as part of the approval in an
attempt to mitigate neighbor concems.These conditions included the following:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL OF 14329 MULBERRY DRIVE
October 9,2008
•
•
•
•
Eight foot high fencing.
Preconstruction meeting with the neighbors.
Fire lane signage.
Drainage improvements.
An appeal of the decision by the DRC was filed on June 27,2008 by an adjacent neighbor
(Exhibit 2 of Attachment 1).
3.Planning Commission
The Planning Commission considered the appeal on August 27,2008 and upheld the decision of
the DRC and denied the appeal (Attachment 4).The conditions were revised to include the
following (Attachment 3):
•
•
•
•
Lower the fence height to seven feet,if both property owners accept a fence height over
six feet..
Step the southern property line fence down towards the driveway to increase vehicle
sight distance,ifboth the property owners agree.
Provide landscape screening along the southern property line.
Minor architectural changes.
4.Appeal
An appeal of the Planning Commission's decision was received on September 8,2008
(Attachment 1).The basis for the appeal is that the Commission erred or abused its discretion in
that they did not adhere to the Residential Development Standards (Attachment 5,asterisks note
the sections in question):
•
•
•
Neighborhood safety.Staff Note:During the DRC process the neighbors raised
concern regarding the safety of their children with the added traffic.The proposed
vehicle backup area will increase the safety so that vehicles will not have to back out of
the driveway.Pursuant to State law,the Town has no jurisdiction over the group home
use which includes any traffic associated with this use.
Various site development,site planning and building design sections.Staff Note:The
plans were evaluated using the Residential Development Standards in effect at the time
(Attachment 5),and with consideration of the design principles contained in the draft
Residential Design Guidelines (RDO).Town staff and the Consulting Architect found
that the application met the guidelines.
Privacy.Staff Note:The appellant has a detached garage and driveway adjacent to the
shared property line (Sheet 4 of Exhibit 13 of Attachment I).The adjacent garage and
driveway encompass half the length of the subject house.In addition,at the appellant's
and another neighbor's request,an eight foot fence was required during the DRC
process (six feet is the typical fence height).During the Planning Commission hearing,
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL OF 14329 MULBERRY DRIVE
October 9,2008
the appellant requested a lower fence height.A seven foot high fence was 'approved,
provided the adjacent property owner and the applicant both agreed to this height.
The appellant also raised the following question/comment in the appeal:
Why is the Magnolia tree being removed?Staff Note:The tree is being removed to
accommodate a walkway and porch along the south side of the house.The Town's Consnlting
Arborist detennined that the tree removal was acceptable.The required mitigation for the tree
removal is three 24 inch box or two 36 inch box trees.
The FAR is not correct.Staff Note:No justification is provided to document why the FAR is
not correct.The proposed and allowed FAR for the subject lot is .317 (includes house and shed).
The corridor portion of the lot was not used in the FAR calculation.During the Planning
Commission public hearing process the appellant was informed that the corridor was the narrow
portion ofthe subject lot which accommodated the dtiveway.The appellant made a comment
that the parking area was not considered as part of the corridor which is correct.
CONCLUSION
The proposed residence is within the FAR range for homes in the immediate neighborhood and
is an appropriate architectural style for the area.The applicant worked closely with Town staff
and the Town's Consulting Architect to design a house that was compatible with the
neighborhood.The applicant also worked with the neighbors in an attempt to mitigate their
concerns.
ENVIRONMENTAL ASSESSMENT:
It has been detennined that this project is Categorically Exempt pursuant to Section 15303 of the
State Environmental Guidelines as adopted by the Town
FISCAL IMP ACT:None
Attachments:
Previously Submitted to Town Council:
1.RepOli to the Plamling Commission for the meeting 'of August 27,2008.
2.Appeal filed on September 8,2008.
3.Draft Conditions of Approval as amended by the Planning Commission.
New Submittals
4.Excerpt of the Planning Commission meeting minutes of August 27,2008.
5.Residential Development Standards,by Resolution 2001-139
(
PAGES
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL OF 14329 MULBERRY DRIVE
October 9,2008
Distribution:
Hallmark Community Services,1242 Market Street,3rd Floor,San Francisco,CA 94102
Dennis Chambers,14333 MulbelTY Drive,Los Gatos,CA 95032
BNLSLB:mdc
(\
(
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date:August 27,2008
ITEM NO.:4
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT:
PROPERTY OWNER:
CONTACT PERSON:
APPELLANT:
APPLICATION
SUMMARY:
Sandy L.Baily,AICP
Associate Planner
Architecture and Site Application S-07 -188
14329 Mulberry Drive (Located between La Rinconada and Lora
Drives)
Hallmark Community Services
Hallmark Community Services
Nesreen Kawar (415)730-9501
Dennis Chambers
Appeal of the decision of the Development Review Committee to
approve a request to demolish a single family residence and to
construct a new residence on property zoned R-I:8.APN 409-15-021
DEEMED COMPLETE:June 6,2008
FINAL DATE TO TAKE ACTION:Final action already taken
RECOMMENDATION:Uphold the decision of the Development Review Committee to
approve the application with conditions.
PROJECT DATA:General Plan Designation:
Zoning Designation:
Applicable Plans &Standards:
Parcel Size:
Surrounding Area:
Low Density Residential
R-I:8
Residential
Development Standards
10,875 sq ft
,I Existing Land Use i.General PlanJ~oning
North Single Family J Low Density L,!{-1 :8_
East Single Family I Low DensityJ R-I:8
South Single.FaI11.i!L-l!:Ow Densityl'R-I:8'-
West Single Family I Low Densityl R-I:8
ATTACHMENT 1
Planning Commission Staff Report -Page 2
14329 Mulberry Dr/S-07-188
August 27,2008
'.
0.·.·j
CEQA:Categorically Exempt pursuant to Section 15303 of the State
Environmental Guidelines as adopted by the Town because this
application is for is a single family residence.
FINDINGS:_As required by Section 15303 of the State Environmental
Guidelines as adopted by the Town that this project is
Categorically Exempt.
_As required by Section 29.l0.09030(e)of the Town Code for the
demolition of a single family residence.
CONSIDERATIONS:As required by Section 29.20.150 of the Town Code for Architecture
and Site applications.
ACTION:The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS:
BACKGROUND:
1.Location map.
2.Notice of Appeal,filed June 27,2008.
3.Project Data Sheet.
4.Required Findings.
5.Conditions of approval.
6.Minutes from the Development Review Committee meeting of
June 17,2008.
7.Letter of Justification (two pages),received August 16,2007.
8.Consulting Architect report (six pages),received February 6,
2008.
9.Consulting Architect report (five pages),received November 16,
2007.
10.Consulting Arborist report (15 pages),received November 6,
2007.
11.Structural Report (one page)received August 16,2007.
12.Action letter from the Historic Preservation Committee (one
page),dated September 14,2005.
13.Proposed Development Plans (five sheets),received April 3,
2008.
c
On January 17,2006,the Development Review Committee approved an Architecture and Site
application to demolish the existing residence and to construct a 2,758 square foot two story
single family residence at the subject site.The application was not vested and the application
Planning Commission Staff Report -Page 3
14329 Mulberry Dr/S-07-188
August 27,2008
expired.The property was subsequently sold and the current owner has fIled a new application
to construct a one story single family residence.
As permitted by State Law,the proposed house will be used as a small adult group home.The
applicant is working under a pilot program of Senate Bill 962,which is seeking housing
throughout the area for individuals who currently reside at Agnews State Hospital and have
health care needs.Pursuant to State Law,the Town has no jurisdiction regarding the small group
home use.Therefore,the Plauning Commission is limited to only discussing the proposed
Architecture and Site application for a new single family residence.The use is not subject to this
hearing.
PROJECT DESCRIPTION:
A.Location and Surrounding Neighborhood
The project site is a corridor lot and is located at 14329 Mulberry Drive.Adjacent
properties are occupied by single family residences.
B.Architecture and Site Approval
Architecture and Site approval is required for construction of a new residence.
C.Zoning Compliance
The proposed residence,shed and garage are within the allowable floor area for the
property and are compliant with setbacks,building coverage and height requirements.A
single-family residence is a permitted use in the R-I:8 zone.
ANALYSIS:
A.Architecture &Site
The plans were evaluated using the current Residential Development Standards,and with
consideration of the design principles contained in the draft Residential Design
Guidelines (ROG).The ROG have not been adopted and will be reconsidered by Town
Council in September.The Town's Consulting Architect reviewed two different plans
(Exhibits 8 and 9),The final plans have been modified to meet the recommendations of
Town staff and the Consulting Architect.
Planning Commission Staff Report -Page 4
14329 Mulberry Dr/S-07-l88
August 27,2008
B.Demolition
The applicant is requesting approval to demolish a 944 square foot single family
residence.As noted in the structural report,the structure is seriously degraded and
substandard (Exhibit 11).The Town's Building Official has concurred with the findings
of the report.
C.Neighborhood Compatibility
The house will barely be visible from the street since it is located on a corridor lot.The
neighborhood has a mix of house styles which are traditional in design and character.
The house sizes in the neighborhood range from 500 to 3,850 square feet.The proposed
house size for the subj ect lot is 2,784 square feet.The proposed and allowed FAR for the .
subject lot is .317 (includes house and shed).The corridor portion ofthe lot was not used
in the FAR calculation.The FARs in the neighborhood for a residential structure only,
range from .052 to .432.Accessory structures are not included in the analysis and
therefore,the FAR noted in the chart for the subject lot is different than the FAR noted
above.Cellar data is not available for the neighborhood and therefore was not included
in the square footage analysis.
The following data was obtained from County and Town records:
ffiill'l\jJilf,~7Jl\l!i\;'t..¥~"~.l>il~111IP'1IJ.1I •~.ill\"~~'l.i~]l·..•.,"Q.t~S·""f~tx ill!l _',>'--.-c -!w,r.,;,IW*~R~~~1i.~iI.lt~1l'lJ!i~))If;&~l~"4~,'J :~....'IlIILs~.OJ .•....,...~;",gJ!h~.""Ri.:.,.,,1
17431 Wedgewood Ave 1,400 8,712 .161
17471 Wedgewood Ave 2,366 9,583 .247
14330 Mulberry Dr 2,466 6,970 .354
14322 Mulberry Dr 2,072 4,792 .432
14316 Mulberry Dr 500 9,583 .052
14304 Mulberry Dr 1,140 10,152 .112
14292 Mulberry Dr 2,326 10,454 .222
14260 Mulberry Dr 1,768 10,454 .169
14284 Mulberry Dr 1,242 7,841 .159
'.
Planning Commission Staff Report -Page 5
14329 MulberrvDr/S-07-188
August 27,2008
14274 Mulberry Dr 1,248 7,841 .159
14264 Mulberry Dr 2,368 8,276 .286
14250 Mulberry Dr 912 11,761 .078
14251 Mulberry Dr 1,231 21,780 .057
14273 Mulberry Dr 954 21,344 .135
851
1,070
14285 Mulberry Dr 1,276 10,644**.120
14287 Mulberry Dr 1,816 7,841 .232
14299 Mulberry Dr 3,850 19,602 .196
14325 Mulberry Dr 1,370 8,276 .166
14311 Mulberry Dr 900 11,326 .080
14307 Mulberry Dr 1,092 7,841 .139
14333 Mulberry Dr 1,608 8,003**.200
14343 Mulberry Dr 2,366 9,583 .247
14329 Mulberry Dr 2,784 9,100**.300
*Does not include cellars
**Includes removal of square footage for corridor
C.Tree Impacts
An arborist report was prepared for the site (Exhibit 10).One Magnolia tree will be
impacted by this proposal.Mitigation will be required for the tree removal.
D.Geotechnical Review
A geotechnical review was not required.No grading is proposed.
Planning Commission Staff Report -Page 6
14329 Mulberry DrIS-07-188
August 27,2008
E.Access and Parking
The site is a corridor lot which has access from Mulberry Drive.The subject lot does not
have an access easement to use the adjacent property's driveway,which runs parallel
with the subject driveway.Therefore,the driveway will be reconstructed entirely on the
subj ect parcel.
Town Code requires two parking spaces for a single family residence.Two unenclosed
parking spaces are proposed in front of the house outside of the front setback.The plans
erroneouslynote the parking and backup areas as reversed.A condition has been included
which clarifies the locations of these two areas.No garage is proposed.Due to the angle
of the driveway to the front of the property,vehicle maneuverability is difficult.Therefore,
a vehicle backup area is proposed within the front setback.This will allow vehicles to
turnaround as opposed to backing out ofthe driveway.
TOWN COMMITTEE MEETINGS:
A.Historic Preservation Committee
The existing house was built prior to 1941 and therefore historic due to age.On September C\
7,2005,the Historic Preservation Committee determined that the house had no historic
significance (Exhibit 12).
B.Development Review Committee
The Development Review Committee approved this application on June 17,2008 subject to,
conditions (Exhibit 5).Conditions were included as part of the approval in an attempt to
mitigate neighbor concerns.These conditions include the following:
•Eight foot high fencing.
•Preconstruction meeting with the neighbors.
•Fire lane signage.
•Drainage improvements.
APPEAL
An appeal of the decision by the Development Review Committee (DRC)was filed on June 27,
2008 by an adjacent neighbor (Exhibit 2).It appears that nine other persons signed the appeal.
The basis for the appeal is as follows:
Safety ofchildren due to the amount ofadded traffic.Staff Note:The proposed vehicle backup
area will increase the safety so that vehicles will not have to back out of the driveway.Pursuant
Planning Commission Staff Report -Page 7
14329 Mulberry Dr/S-07 -188
August 27,2008
to State law,the Town has no jurisdiction over the group home use which would include any
traffic associated to this use.
Parking in driveway and street.Staff Note:As with any typical house,parking can be
accommodated in the driveway directly in front of the house.The portion of the driveway along
the corridor is the access to the lot and parking cannot be accommodated in this area.To
mitigate neighbor concerns,a condition was required that fire lane signage be provided on the
access portion of the driveway in accordance with Santa Clara County Fire Department standards
to prohibit parking.The public is permitted to park along Mulberry Lane which is a public street.
Staff discussed with the neighbors the possibility of restricting on street parking which could
impact the entire neighborhood.
The applicant does not meet the required square footage for landscape in the front yard.Staff
Note:Town Code requires front yards to be landscaped except for areas used for automobile
maneuvering.Due to the configuration of the lot,staff determined that it was in the best interest
of the applicant and the appellant,to provide a backup area.This backup area could only be
accommodated in the front setback.The area could be eliminated,but vehicles would then need
to back out of the driveway,which staff does not recommend for safety reasons.Landscaping is
provided in between the backup area and the house.
Privacy concerns.Approximately 80%ofthe windows face 14333 Mulberry Drive.Staff Note:
The appellant has a detached garage and driveway adjacent to'the shared property line (Sheet 4
of Exhibit 13).The adjacent garage and driveway encompass half the length ofthe subject
house.In addition,at the appellant's request an eight foot fence is required.This fence should
block most,if not the entire height of the windows.
Square footage ofthe house is large for the lot.Staff Note:The proposed house conforms with
the allowable FAR and is compatible with the neighborhood.
This is a business,Staff Note:The application is for a single family residence.The group home
use was not subject to the DRC hearing and pursuant to State law,the Town has no jurisdiction
over the group home use.
CONCLUSION AND RECOMMENDATION:
A.Conclusion
The proposed residence is within the FAR range for homes in the immediate
neighborhood and is an appropriate architectural style for the area.The applicant
worked closely with Town staff and the Town's Consulting Architect to design a house
that was compatible with the neighborhood.The applicant also worked with the
neighbors in an attempt to mitigate their concerns.
Planning Commission Staff Report -Page 8
14329 Mulberry DrIS-07-188
August 27,2008
B.Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the decision of the
Development Review Committee and approve the Architecture and Site application subject to
revised conditions (Exhibit 5).The revised conditions consist of additional drainage mitigation
measures,language modification for salvaging materials and the addition of the Town indemnity
requirement.
,
e~~~eared .
Sandy L.Bally,AlCP
Associate Planner
Bd~,~~~-
Approved by:~
Bud N.Lortz,AICP
Director of Community Development
BNL:SLB
cc:Hallmark Community Services,1242 Market Street,3rd Floor,San Francisco,CA 94102
Dennis Chambers,14333 Mulberry Drive,Los Gatos,CA 95032 c
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EXHIBIT 2
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Zoning district R-1:8 same
Land use single family residence same
General Plan Designation
Lot size (sq.ft.)
Exterior materials:
•siding
•trim
•windows
•roofing
Building floor area:
•first floor
•second floor
low density residential same
•garage
•cellar
sq.ft.maximum
two spaces minimum
J ,8<6 S sq.ft.maximum•
.......L.1'=t I 25 feet minimum
<'-1-'0'20 feet minimum
8'8 feet minimum
./'u 0..1 8 feet minimum
tv(:.,30 feet maximum
\%
•garage
Parking
•house
Maximum height (ft.)
•side
•side
•rear
•front
Floor Area Ratio (%)
Setbacks (ft.):
•accessory buildings
Building coverage (%)
•basement
Tree Removals canopy replacement
Sewer or septic sewer same
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EXHIBIT 3
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REQUIRED FINDINGS AND CONSIDERATIONS FOR
14329 Mulberry Drive
Architecture and Site Application S-07-188
Appeal of the decision of the Development Review Committee to approve a request to demolish
a single family residence and to construct a new residence on property zoned R-1 :8.APN 409-
15-021
PROPERTY OWNER/APPLICANT:Hallmark Community Services
APPELLANT:Dennis Chambers
FINDINGS
•The project is Categorically Exempt pursuant to Section 15303 of the State
Environmental Guidelines as adopted by the Town.
CONSIDERATIONS
•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 ofthe 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 of the 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.The ability of critical roadways and major intersections to
accommodate existing traffic;
2.Increased traffic estimated for approved developments not yet
occupied;and
EXHIBIT 4
3.Regional traffic growth and traffic anticipated for the proposed
project one (1)year after occupancy.
B.The deciding body shall review the application for traffic
roadway/intersection capacity and make one (1)of the following
-determinations:
1.The project will not impact any roadways and/or intersections causing
the roadways and/or intersections to exceed their available capacities.
2.The project will impact a roadway(s)and/or intersection(s)causing
the roadway(s)and/or intersection(s)to exceed their available
capacities.
(2)
Any project receiving Town determination subsection (1 )b.1.may
proceed.Any project receiving Town determination subsection
(1 )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 project's
benefits to the community override the traffic impacts as determined
by specific sections from the general plan and any applicable specific
plan.
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.
o
(3)Considerations relating to landscaping.The location,height,and materials ofwalls,
fences,hedges and screen plantings to insure harmony 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 of existing 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 of meeting special criteria,including climatic
conditions,maintenance,year-round versus seasonal color change (blossom,summer
foliage,autumn color),special branching effects and other considerations.
(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.u
Buildings should strengthen the fonn 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.
(5)Considerations relating to drainage.The effect of the 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
ofbuildings 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.
(8)Considerations relating to access for physically disabled persons.The adequacy ofthe
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
oftitle 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.
(9)Considerations relating to the location of a 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
or private school primarily educating persons under the age of eighteen (18).An
..-application for such a facility will require an en¥ironrnental irnpactreport,which may .
be focused through the initial study process.
•As required by Section 29.l0.09030(e)of the Town Code for the demolition ofa single
family residence:
1.The Town's housing stock will be maintained in that the house will be
replaced.
2.The structure has no historic significance.
3.The property owner has no desire to maintain the structure.
4.The economic utility of the structure is in fair condition.
N:\DEV\FINDINGSlmulberry14329.doc
c
CONDITIONS OF APPROVAL
Planning Commission meeting of August 27,2008
14329 Mulberry Drive
Architecture and Site Application S-07-188
Requesting approval to demolish a single family residence and to construct a new
residence on property zoned
R-l:8.APN 409-15-021
PROPERTY OWNER/APPLICANT:Hallmark Community Services
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(planning Division)
1.APPROVAL.This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved.Any changes or modifications made to the approved plans shall be
approved by the Director of Community Development,Development Review
Committee or the Planning Commission,depending on the scope of the change(s).
2.EXPIRATION.Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 ofthe Town Code,unless the approval has been
vested.
3.SALVAGE OF BUILDING MATERIALS:Prior to the issuance of a demolition
pennit,the developer shall provide the Director of Community Development with
written notice of the company that will be recycling the building materials.All
wood,metal,glass,and aluminum materials generated from the demolished
structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s)accepting these materials,noting the type and
weight of materials,shall be submitted to the Town prior to the Town's
demolition inspection.
4.TREE REMOVAL PERMIT.A Tree Removal Permit shall be obtained prior to
the issuance of a Building,Grading or Encroachment Permit.
5.MITIGATION TREES.The tree to be removed shall be mitigated and pursuant
to Town Code and Arborist requirements,the mitigation shall be three 24 inch
box trees or two 36 inch box trees.These trees and their sizes shall be shown on
the building permit plans.
6.ARBORIST REQUIREMENTS.The developer shall implement,at their cost,all
recommendations made by the Town's Consulting Arborist identified in the
Arborist's report,dated November 5,2007,on file in the Community
Development Department.A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the
recommendations have or will be addressed.These recommendations must be
incorporated in the building permit plans,and completed prior to issuance of a
building permit where applicable.
7.GENERAL.All existing trees shown to remain on the plan and newly planted
trees are specific subjects of approval of this plan and must remain on site.
EXHIBIT 5
8.
9.
10.
II.
12.
NEW TREES.The new trees to be planted shall be double-staked,using rubber
tree ties and shall be planted prior to occupancy.
PROTECTNE FENCING.Prior to any construction or building permits being
issued,the applicant shall meet with the Parks Superintendent concerning the
need for protective fencing around the existing trees.Such fencing is to be
installedpriorto,and be maintained during;construction.'Fhe fencing shall bea
four foot high chain link attached to steel poles driven two feet into the ground
when at the dripline of the tree.If the fence has to be within eight feet of the
trunk of the tree,a fence base may be used,as in a typical chain link fence that is
rented.
PERIMETER FENCING.The fencing along the rear and side property lines shall
be eight feet in height unless the property owner(s)who share the fence determine
a lower height is acceptable.The fencing along the front property line may be
eight feet in height ifthe property owner that shares this fence agrees to this
height increase.The height of the fencing shall be resolved prior to the issuance
of a building permit.A detail of the fencing shall be provided on the building
permit plans.The fencing shall be installed prior to final occupancy.
P ARKlNG.The parking spaces and backup area noted on the approved plans
shall be reversed so that the spaces are outside of the front setback.This shall be
noted on the building permit plans and the spaces shall be dimensioned to meet
Town Code.
TOWN INDEMNITY.Applicants are notified that Town Code Section 1.ro.I IS
requires that any applicant who receives a permit or entitlement from the Town
shall defend,indemnify,and hold harmless the Town and its officials in any
action brought by a third party to overturn,set aside,or void the permit or
entitlement.This requirement is a condition of approval of all such permits and
entitlements whether or not expressly set forth in the approval.
o
(Building Division)
13.
14.
15.
16.
17.
PERMITS REQUIRED:A building permit shall be required for the demolition of
the existing single family residence and the construction of the new single family
residence.Separate permits are required for site retaining walls,water tanks,
swimming pools,electrical,mechanical,and plumbing work as necessary.
CODE:Projects will be required to conform to the 2007 California Building,
Fire,Mechanical,Electrical,and Plumbing Codes.The CC's are based on model
codes;2006 International Building Code and Fire Code and 2006 Uniform
Plumbing and Mechanical Codes and the 2005 National Electrical Code.
CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined
in full on the cover sheet of the construction plans.A Compliance Memorandum
shall be prepared and submitted with the building permit application detailing
how the Conditions of Approval will be addressed.
SIZE OF PLANS:For sets of construction plans,maximum size 24"x 36."
DEMOLITION REQUIREMENTS:Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the
Building Department Service Counter.Once the demolition form has been
completed,all signatures obtained,and written verification from PG&E that all
utilities have been disconnected,return the completed from to the Building
Department Service Counter with the J#Certificate,PG&E verification,and three
(3)sets of site plans to include all existing structures,existing utility service lines
such as water,sewer,and PG&E.No demolition work shall be done without first
obtaining a permit from the Town.
18.SOILS REPORT:A soils report,prepared to the satisfaction of the Building
Official,containing foundation and retaining wall design recommendations,shall
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 -Section 1805)
19.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
20.RESIDENTIAL TOWN ACCESSIBILITY STANDARDS:The residence shall
be designed with adaptability features for single family residences per Town
Resolution 1994-61:
a.Wooded backing (2"x 8"minimum)shall be provided in all bathroom
walls,at water closets,showers,and bathtubs located 34-inches from the
floor to the center of the backing,suitable for the installation of grab bars.
b.All passage doors shall be at least 32-inches wide on the accessible floor.
c.Primary entrance shall a 36-inch wide door including a 5'x5'level
landing,no more than I-inch out of plane with the immediate interior floor
level with an l8-inch clearance.
d.Door buzzer,bell or chime shall be hard wired at primary entrance.
21.TITLE 24 ENERGY COMPLIANCE:California Title 24 Energy Compliance
forms CF-lR,MF-lR,and WS-5R must be blue-lined on the plans.
22.BACKWATER VALVE:The scope of this project may require the installation of
a sanitary sewer backwater valve per Town Ordinance 6.50.025.Please provide
information on the plans if a backwater valve is required and the location of the
installation.The Town of Los Gatos Ordinance and West Valley Sanitation
District (WVSD)requires backwater valves on drainage piping serving fixtures
that have flood level rims less than l2-inches above the elevation of the next
upstream manhole.
23.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.
24.SPECIAL INSPECTIONS:When a special inspection is required by UBC Section 1"""\,....
170 I,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 permit.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 fromtheBuilding Bivision Service
Counter or online at www.losgatosca.govlbuilding
25.NONPOINT SOURCE POLLUTION STANDARDS SHEET:The Town
standard Santa Clara County Valley Nonpoint Source Pollution Control Program
Sheet (or Clean Bay Sheet 24x36)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 for a fee.
26.PLANS:The construction plans shall be prepared under the direct supervision of
a licensed architect or engineer.(Business and Professionals Code Section 5538)
27.APPROVALS REQUIRED:The project requires the following departments and
agencies approval before issuing a building permit:
a.Community Development -Planning Division:Sandy Baily at 354-6873
b.Engineering/Parks &Public Works 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:The Town will forward the paperwork to the
appropriate school district(s)for processing.A copy of the paid receipt is
required prior to permit issuance.C
f.Bay Area Air Quality Management District:(415)771-6000.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
28.
29.
30.
31.
32.
CONSTRUCTION MANAGEMENT PLAN.The Applicant shall submit a
construction management plan that shall incorporate,at a miuimum,project
schedule,site security fencing,employee parking,construction staging area,
construction trailer,and proposed outhouse location.
PRE-CONSTRUCTION MEETING.The contractor shall hold a pre-construction
meeting with the Mulberry Drive neighborhood to exchange contact information
and discuss project issues such as work hours,parking,schedule,etc.
SIDEWALK IN-LIEU FEE.A curb and sidewalk in-lieu fee of$810 shall be paid
prior to issuance of a certificate of occupancy.This fee is based on 54-square feet
of 4.5-foot wide sidewalk at $15/SF in accordance with Town policy.
FIRE LANE.Fire lane signage shall be provided on the driveway in accordance
with Santa Clara County Fire Department standards.
DRIVEWAY.The driveway must provide a ruiuimum paved width of l2-feet if
serving one residential uuit,and l8-feet if serving two.The driveway shall be
fully contained within property or evidence of easements shall be provided if the
driveway is located on an adjacent property.
(j
33.DRAINAGE.Stormwater detention shall be provided to limit post development
flow to neighboring properties to predevelopment flowrates and flow volumes,
including subsurface flow.Detained water shall be pumped to the street and not
allowed to percolate into the soil.Site grading shall be designed to maintain
existing drainage patterns.Stormwater detention calculations shall be approved
prior to issuance of a building permit.
34.EASEMENTS.A current title report (within the past 3 months)shall be submitted
with the building permit application.All plotable exceptions to title shall be
shown on the plans.
35.GENERAL.All public improvements shall be made according to the latest
adopted Town Standard Drawings and the Town Standard Specifications.All
work shall conform to the applicable Town ordinances.The adjacent public right-
of-way shall be kept clear of all job related dirt and debris at the end of the day.
Dirt and debris shall not be washed into storm drainage facilities.The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a
special permit is issued.The developer's representative in charge shall be at the
job site during all working hours.Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required
maintenance at the developer's expense.
36.ENCROACHMENT PERMIT.All work in the public right-of-way will require a
Construction Encroachment Permit.All work over $5,000 will require
construction security.
37.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.
38.CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's
rated gross vehicle weight exceeding ten thousand (10,000)pounds shall be
allowed to park on the portion of a street which abuts property in a residential
zone without prior approval from the Town Engineer (§15.40.070).
39.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No
through curb drains will be allowed.
40.NONPOINT SOURCE POLLUTION PREVENTION.On-site drainage systems
shall include a filtration device such as a bio-swale or permeable pavement.
41.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.
42.UTILITIES.The developer shall install all utility services,including telephone,
electric power and all other communications lines underground,as required by
Town Code §27.50.015(b).All new utility services shall be placed underground.
Underground conduit shall be provided for cable television service.
43.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 0
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.
44.CURB AND GUTTER.The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project.
New curb and gutter shall be constructed per Town Standard Details.The limits
of curb and gutter repair will be determined by the Engineering Construction
Inspector during the construction phase of the project.
45.DRIVEWAY APPROACH.The developer shall install one (1)Town standard
residential driveway approach.The new driveway approach shall be constructed
per Town Standard Details.
46.AS-BUILT PLANS.After completion of the construction of all work,the
original plans shall have all changes (change orders and field changes)clearly
marked.The "as-built"plans shall again be signed and "wet-stamped"by the civil
engineer who prepared the plans,attesting to the changes.The original "as-built"
plans shall be review and approved the Engineering Inspector.A Mylar and
AutoCAD disk of the approved "as-built"plans shall be provided to the Town
before the Faithful Performance Security or Occupancy Permit is released.The
AutoCAD file shall include only the following information and shall conform to 0
the layer naming convention:a)Building Outline,Layer:BLDG-OUTLINE;b)
Driveway,Layer:DRIVEWAY;c)Retaining Wall,Layer:RETAINING WALL;
d)Swimming Pool,Layer:SWIMMING-POOL;e)Tennis Court,Layer:
TENNIS-COURT;t)Property Line,Layer:PROPERTY-LINE;g)Contours,
Layer:NEWCONTOUR.All as-built digital files must be on the same coordinate
basis as the Town's survey control network and shall be submitted in AutoCAD
version 2000 or higher.
47.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are
used or reused.Install a sanitary sewer lateral clean-out at the property line.
48.SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures
which have flood level rims less than twelve (12)inches (304.8 mm)above the
elevation of the next upstream manhole and/or flushing inlet cover at the public or
private sewer system serving such drainage piping shall be protected from
backflow of sewage by installing an approved type backwater valve.Fixtures
above such elevation shall not discharge through the backwater valve,unless first
approved by the Administrative (Sec.6.50.025).The Town shall not incur any
liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve,as defined
section 103(e)of the Uniform Plumbing Code adopted by section 6.50.010 of the
Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater
device is needed shall be provided prior to issuance of a building permit.
49.CONSTRUCTION NOISE.Between the hours of 8:00 a.m.to 8:00 p.m.,
weekdays and 9:00 a.m.to 7:00 p.m.weekends and holidays,construction,
alteration or repair activities shall be allowed.No individual piece of equipment
shall produce a noise level exceeding eighty-five (85)dBA at twenty-five (25)
feet.If the device is located within a structure on the property,the measurement
shall be made at distances as close to twenty-five (25)feet from the device as
possible.The noise level at any point outside of the property plane shall not
exceed eighty-five (85)dBA.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT
50.FIRE APPARATUS ACCESS DRIVEWAY.The applicant shall provide an
access driveway with a paved all weather surface,a minimum unobstructed width
of 12 feet,vertical clearance of 13 feet six inches to the point approximately 120
feet inward from the public street.Installations shall conform to Fire Department
Standard Details and Specifications sheet D-l.
51.PREMISE IDENTIFICATION.Approved numbers or addresses shall be placed
on all new buildings in such a position to be plainly visible and legible from the
street or road fronting the property.Numbers shall contrast with their
background.
N:\DEV\CONDITNS\2008\mulberry14329.doc
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TOWN OF LOS GATOS
110 East Main Street,Los Gatos,CA 95032 (408)354-6872
SUMiVlARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW
COMMITTEE OF THE TOWN OF LOS GATOS FOR JUNE 17,2008,HELD IN THE TOWN COUNCIL
CHAMBERS,CIVIC CENTER,110 EAST iVlAIN STREET,LOS GATOS,CALIFORNIA.
The meeting was called to order at 9:00 a.m.by Chair Baily.
ATTENDANCE
Members Present:
Sandy Baily,Associate Planner
Anthony Ghiossi,Building Official
Fletcher Parsons,Associate Engineer
Marni Moseley,Assistant Planner
Trang Tu-Nguyen,Assistant Civil Engineer
PUBLIC HEARINGS
ITEM 1:461 Universitv Avenue
Subdivision Application M-08-006
Requesting approval of a Certificate of Compliance to legalize two properties zoned
R-lD.APN 529-07-052.
PROPERTY OWNER:Gordon S.George &Stella K.George Trust
APPLICANT:Gordon S,George
1.Chair Baily opened the public hearing.
2.Staff gave report on proposed project.
3.Applicant was introduced,
4.Members ofthe public were not present.
5.Public hearing closed.
6.Parsons moved to approve the application subject to the conditions presented.
7.Ghiossi seconded,motion passed unanimously.
8.Appeal rights were cited,
ITEiVl2:14329 Mulberry Drive
Architecture and Site Application S-07 -188
Requesting approval to demolish a single family residence and to construct a new
residence on property zoned R-l :8.APN 409-15-021
PROPERTY OWNER/APPLICANT:Hallmark Community Services
1.Chair Baily opened the public hearing.
2.Staff gave report on proposed project and explained the conditions that were added to the
project if approved based on a previous discussion staff had with the concerned neighbors.
The public was informed that pursuant to State Law,the Town has no jurisdiction regarding
the group home use,and therefore,the use is not subject to this hearing and that the
EXHIBIT 6
oapplicationisrequiredtobereviewedasasinglefamilyresidence.
3.Applicant was introduced.
4.Members of the public were present:
DRe Minutes
June 17,2008
Page 2
Larry DaQuino,neighbor,wanted house pushed back to allow additional parking spaces and
expressed concern that there was too much pavement for the driveway.
Dennis Chambers,neighbor,questioned if house was too big for the lot,use did not have
adequate parking,expressed safety issues along driveway with the use of ambulances and fire
trucks,expressed concern about property values,did not want the entry along the side of the
property which faces his house,and felt that the State should have inspected the property.
Sally Danielson,neighbor,expressed concern about property values,wished for earlier
notification and wants her fence and the existing chain link fence to remain with the new
fence in front of the linked fence.
Bob Osborne,neighbor,requested that the van used for the site have a size limit and
questioned if the applicant would be willing to pay to have the utilities of the neighboring
property be undergrounded.
Valerie Guy,neighbor,questioned what the evacuation plan would be.
Jeannie DaQuino,neighbor,expressed concerns about parking and the marking of the fire
lane for the access driveway.
o
5.Public hearing closed.
6.Staff explained the following:
(a)Parking required for the site is two parking spaces.Based on the driveway and
turnaround configuration,six spaces could fit on the site.
(b)The house meets all Town Code requirements.
(c)The entry is at the front of the house,not the side.
(d)The access to the site is 12 feet wide,which is the minimum width required by the Fire
Department.Landscaping cannot be provided along the driveway unless the adjacent
neighbor agrees to provide an access for a shared C1riveway.Conditions have been
included in the event both parties agree to share the driveway in the future,
7.Parsons moved to approve the application subject to the conditions presented with the following
findings and considerations:
(a)The application is Categorically Exempt from CEQA,Section 15303.
(b)As required by Section 29.20.150 of the Town Code for Architecture and Site
applications,the considerations were all made in reviewing this application.
(c)The project is in compHance with the Residential Development Standards for single-
family homes not in hillside residential zones.
(d)As required by Section 29.10.09030(e)of the Town Code for the demolition ofa single u."
family residence:
(1)The Town's housing stock will be maintained in that the house will be replaced.
(2)The structure has no historic significance.
II/1
1/
/;C DRe Minutes
/"June 17,2008
//Page 3
(3)The property owner has no desire to maintain the structure,
(4)The economic utility of the structure is in poor condition,
S,Ghiossi seconded,motion passed unanimously,
9,Appeal rights were cited.The neighbors were invited to remain after the meeting to discuss the
use with Town staff and the applicant.
OTHER BUSINESS
NONE
ADJOURt'lMENT
V\DROMin 2008\June\6-17-08.doc
Meeting adjourned at 10:30 a.m,The next regularly
scheduled meeting of the Development Review Committee
is the following Tuesday,
"
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'11111MIHK
COiVIlVlUNtN SERVICES
August 14,2007
To:Town of Los Gatos Planning Department
Re:Letter of Justification for 14329 Mulberry Drive
Proposed Home for 14329 MUlberry Drive,Los Gatos
AUG f;Z007
14329 MUlberry Drive is a proposed five-bedroom home serving individuals with developmental disabilities in the
community,made possible by Senate Bill 962,as part of the Bay Area Housing Plan (BAHP).Developmental
disabilities include mental retardation,epilepsy,cerebral palsy,autism,and other similar disabling conditions.SB
962 legislation creates a new licensed residential category called Adult Residential Facility for Persons with
Special Health Care Needs.This bill provides for a pilot program to serve 120 individuals who currently live at
Agnews with significant health care needs in small,home-like settings.Each home will serve no more than five
people living together,each with their own bedrooms.
The existing dilapidated structure at 14329 Mulberry Drive will be replaced with an architect-designed,single-
story home that will blend in with character of the surrounding community.The proposed home will turn a
neighborhood blight into a neighborhood gem.
Bay Area Housing Plan
The Bay Area Housing Plan (BAHP)is established to provide high quality customized homes for people with
developmental disabilities in the Bay Area communities.The beneficiaries of the BAHP will be the residents of
Agnews Developmental Center in San Jose as these individuals transition into the community as part of the
planned closure of this Developmental Center.
The BAHP is a breakthrough for individuals with developmental disabilities,enabling the Regional Centers
(private non-profits dedicated to serve individuals with developmental disabilities),to support the development of
a permanent inventory of homes for the sole use of people with developmental disabilities.Additionally,the plan
facilitates stability in housing for people with developmental disabilities by separating housing ownership from
service program delivery.
Throughout its development the BAHP was guided by the principles of creating customized homes based on the
unique needs of the individual with the developmental disability.The plan was developed to meet the following
objectives:
o Create smaller family style living arrangements scattered throughout California communities to help
foster a more person-centered style of liVing.These smaller liVing arrangements will serve individuals in
five-bedroom combinations.Each individual will have their own bedroom and the home environment
and services will be tailored to meet the residents'individual needs.
o AcqUire housing in safe community neighborhoods that provide access to recreational activities,health
support facilities and in proximity to family and friends.
o Pay for these homes once by utilizing high quality,long-lasting materials as well as a commitment to
bUilding "green."At the end of construction,the home should reflect the very best of the community in
which it is located.
1242 Market Street,3"Floor,San Francisco,California 94102 •(tel)415.863.3036 •
EXHIBIT 7
Assembly Bill 2100
Assembly 8iil2100 was passed by the California Legislature in the fall of 2005.A8 2100 allows the community
system,for the firs!time,to acquire or develop housing that wili be held and mqnaged in perpetuity for the
exclusive useofpe()ple _",ith deveiopmentOlldis§bilities.This isasignificanLdep<irtureIrom the current system in
which the service provider owns or rents the home in which the individual with a developmental disability lives.
Other Home Types under AB2100
Family Teaching Homes:A living arrangement where up to three individuals with developmental disabilities live
on one side of a duplex home,while receiving support and services from the fUlly-trained Teaching Family living
on the other side of the duplex.
Special Residential Homes:Licensed by the Department of Community Licensing as a Community Care Facility,
SRH homes serve three to four individuals with special needs.Some of these homes will support seniors (over
the age of 60)with developmental disabilities.
Requirements to Disclose this Type of Housing Neighborhood
It is the requirement of the county licensing agency to notify,in writing,the planning agency of the city or county,
of the proposed location of the facility to ensure that there is not an over concentration of residential care
facilities in the neighborhood.This is the only requirement for disclosure of this type of housing that is legally
required,There is a tremendous responsibility that all persons involved in supporting the relocation of this
vulnerable population into the community must adhere to,such as the rights to privacy and protection from
discrimination.As individuals have safely moved into their new homes,there wili be a natural desire to begin
meeting their new community through open houses and invitational potlucks,so that neighbors can leam more C\.·
about the individuals living next door as well as the persons that wili be responsible for providing care.j
Zoning for Residential Facilities Serving 6 or Fewer Persons
Section 1566.3 of the California Health and Safety Code establishes that "a residential facility which serves six
of fewer persons shall be considered a "residential use of property"and the "residents and operators of such a
facility shall be considered a family for purposes of any law or zoning ordinance which relates to the residential
use of the property."Moreover,cities cannot impose building restrictions,conditional use permits,zoning
variances,or clearances on group homes that are not "identical to those applied to other family dwellings"in that
zone.Cal.Health and Safety Code §§1566.3,1566.4
Section 12955 of the California Government Code also prohibits a city from discriminating against disabled
persons through public land use practices,including "zoning laws,denials of use permits,and other actions
authorized under the Planning and Zoning Law,"Lastly,the Federal Fair Housing Act (FFHA)also invalidates
zoning ordinances that exciude group homes because,under the Act,such ordinances constitute illegal
discrimination against disabled individuals.
Sincerely,
Mardie Oakes
Executive Director
u
1242 Market Street,3"Floor,San Francisco,California 94102 •(tel)415.863.3036 •(fax)415.863.1391
FEB 0 6 2008
RECEIVED
TOWN OF LOS GATOS
PLANNING DIVISION
URBAN DESIGNPLANNINGARCHITECTURE
February 4,2008
Ms.Sandy Baily
Community Development Department
Town of Los Gatos
110 E.Main Street
p.o.Box 949
Los Gatos,CA 95031
RE:14329 Mulberry Drive
Dear Sandy:
I reviewed the drawings,and visited the site.1.VIy understanding is that this is not a normal residential one-fanllly unit,bur
rather a group living facility for up to six individuals with some special needs.I have'taken that into consideration with
respect to the floor phn,but have treated this proposal as I would any other residence proposed in an existing single
family neighborhood.wry comments and recommendations are as follows:
Neighborhood Context
The site is a vert!small flag lot accessed by a driveway that serves one other adjacent lot.The architectural scale and
character of the surroun~gneighborhood is mi.""{ed,but traditional in design and character.Photographs of the area
around this site are shown belo\v.
------,
E:'<isting building on the Jile Frontyard
Atffacet1t house sharitlg the driuewqy DriuewtfY serving the Jile
EXHIBIT 8
TEL:415.331.3795 FAX:415.331.3797
180 HARBOR DRIVE.SUITE 219.SAUSALITO.CA 94965
cdgplan@pacbell.net
lVltdberry Drive house adja~rmt to the drivewqy
OTHER NEIGHBORHOOD HOUSES
14329 Mulberry Orin~
Desib'Tl Review Comment;;
February 4,2008 Page 2
Mulberry Drive house across from tbe dtivewqy
o
o
.'
Issues and Concerns
1.The narrowness of the site makes this a difficult site to develop -especially as regards the accommodation of
required parking in a manner that does not overwhelm the house.The proposed site plan and design do not seem to re-
solve that problem very well.Ahnost the entire front yard of the site is consumed by auto-oriented paving with very little
landscaping to establish a pleasant residential entry or pro'V-ide for resident.guest,or caretaker use.Paving also appears to
be intended along the south side of the house to a paved external courtyard off of the Family Room and Dining Room.
2.Access from the unit to the exterior,apart from the front door.seems a bit confusing.There are exterior doors at
the Family Room and Dining Room,which makes sense,but there is no real access for use of the rear yard.A large door
is shown on the north elevation from one of the five bedrooms,but it is unclear to me why this would be a program
requirement.
CANNON DESIGN GROUP lBO HARBOR DRIVE.SUITE 219.SAUSALITO.CA 94965
14.129 Mulberry Drive
Design Review Comments
=
""
I "-~\II:"""'--'
February 4,200H
.....-
P-age .1
3.tvIy understanding is that this project started out with the concept of using a manufactured housing product on the
site,but has changed to a standard stic..Ic-built residence.Unfortunately,the design still retains the feel of a manufactured
home with low roof pitches,blocky forms and minimal detail.
4.The use of shed roofs seems out of keeping with this traditional neighborhood.There are some awkward transi-
ti.ons between roofs.I understand from a discussion with the applicant that this form relates to a strong desire to provide
a clerestory window so that bedridden residents can look out at the sky.Unfortunately,the clerestory windows are much
too small to likely achieve that goal,as shown on the diagram on the following page.
5.The porch is a good idea,but has more of an institutional character than a residential character.Treatment of the
column and other porch elements at the adjacent garage is very awkward.
6.The projecting garage tends to dominate the design of the house front in addition to requiring extensive paving as
noted above.It is my understanding that since there will be no full time residents in the house other than those being
cared for,the garage was provided to meet perceived Town requirements,and would be used for storage rather than for
vehicle parking,
7.The plate height seems higher than normal for a small house.
8.The use of large sliding windows on the bedrooms seems awkward when double hung windows are used elsewhere.
9.The window elevations note 1 inch grids in the upper portion of the double hung windows,but don't specify
whether they are divided lite windows or snap-in grids.
Porch Is very heavy and p
appears more.institutional .
than residential
CANNON DESIGN GROUP
....__-1 Awkward roof
transitions
1 +-\I Projecting garage
-,overwhelms front elevation
~----Porch at edge of garage
is poorly resolved
180 HARBOR DRIVE.SUITE 219 .SAUSALITO.CA 94965
14329 Mulberry Drive
Design Rcvil.'\V Comments
Fcbrllilry 4,2008 Page 4
Clerestory windows are much
too small to function as intended
Windows are out of character with front elevation windows
Recommendations
1.As noted above)this site is a difficult one.J\Iy recommendation is to concentrate on providing more landscaping
to soften the appearance of the building and on providing more usable outdoor open space.I do believe that this is
more important.in this instance than providing a single garage.The site plan below shows two uncovered parking spaces
located at the southeast comer of the site to minimize the amount of front yard paving and ma.Um.ize the amount of
front yard landscaping.
2.Provide a large,usable front porch.A simplification of the floor plan and building forms would be appropriate.Ac-
commodation of a usable front porch seems more important than.the articulation of the rear wall as currently proposed.
3.Provide better thought out access to the exterior -especially to allow better access to the rear yard.
Provide
access
to rear
yard:?
Add
storage
if needed
rather than
using
garage
Facade articulation
not as impOrtant here
Alternate
bath locations
S:CkUPc:]i
space I
I
IMo~ular -=l .~'~.I
pavmg I
I --I
Fence to match opposite I
side of driveway I.:..--...-i--~-_..~;~~:;a~~:sr ~.---~
o
4.Revise the design to conform more to a traditional small home
in Los Gatos.There are a number of styles and approaches that
could be used.The photograph to the right is one example of a
typical small home in Los Gatos that could serve a model -perhaps
without the elevated first floor if access issues are of concern with
the anticipated residents.
(J
CANNON DESIGN GROUP 180 HARBOR DRIVE.SUITE 219 .SAUSALITO.CA 94965
Use steeper h
roof pitch I \
14329 Mulberry Drive
Design Review Comments
rebrWlry 4,2008 Page 5
5.Increase the roof pitch.With respect to achieving the goal of allowing bedridden residents to look out at the sky,
the preferred solution)in my judgement,would be to provide clear skylights along the north side of the roof.This would
provide narnrallight to the interior and allow views out.It would also have the least impact on the residential scale and
character of the house.
Composite materials may
be OK on this Isolated site,
but their appearance and
detailing should be similar
to more traditional materi~;IS~;~~!!!II;E!!!!lusedelsewhereinLosGatos
Use divided or simUlated ~:::;:======~~=::::::!
divided light windows or
eliminate the upper
window grids
Avoid snap-In grids
Recommended Front Elevation
Use planter boxes andotherdetailefementsto
humanize the structure
Wood porch railing
Porch should be deep enough
to accommodate outdoor furniture
Skylights
Match style of front windows if possible
Recommended Side Elevation
[8]~............f8]
Recommended Section
CANNON DESIGN GROUP
ISk.yllght
E8
180 HARBOR DRIVE.SUITE 219.SAUSALITO.CA 94965
14329 Mulberry Drive
De:>ign Review Comments
February 4,2008 Page G
6.Use materials that are in keeping with other homes in Los Gatos.If the intent is to use snap-in grids rather than
true or simulated divided lite windows,it would be better to just eliminate the grids and leave the windows simple.Use
double hung windows throughout unless there are some unique exiting requirements that dictate sliding windows.And,
add planter boxes and/or other detail elements to add scale and interest to the residence.
7.I have assumed that a double front door is required for some specific access needs.If it is not,the entry should be
limited to a single door,possibly with a sidelight,as would be common for a small house.
8.I am not sure of the ownership and obligations regarding the long access driveway.If possible,it would be desirable
to provide a quality fence on the north side of the drive to match the one on the south side of the drive,and to provide
some landscaping along the edges of the drive to improve its visual quality.
Sandy,please let me know if you have any questions,or if there axe specific issues of concern that I did not address.
Sincerely,
CANNON DESIGN GROUP
c7f~0\~
Larry Cannon AICP
President
(';
o
)
CANNON DESIGN GROUP 1BO HARBOR DRIVE.SUITE 219 .SAUSALITO.CA 94965
November 16,2007
Ms.Sandy Baily
Community Development Dep'artment
Town of Los Gatos
110 E.Main Street
P.O.Box 949
Los Gatos,CA 95031
ARCHITEcrURE PLANNING URBAN DESIGN
RECEiVED
NOli 1 e 2007
TOWN OF LOS GATOS
PUI,NNING DIVISiON
RE:14329 Mulberry Drive
Dear Sandy:
I reviewed the drawings,and visited the site.My understanding is that this is not a normal residential one-family unit,but
rather a group living facility for up to six individuals with some special needs.I have taken that into consideration with
respect to the floor plan,but have treated this proposal as I would any other residence proposed inan e,,{lsting single
family neighborhood.My comments and recommendations are as follows:
Neighborhood Context
The site is a very small flag lot accessed by a driveway that serves one other adjacent lot.The architectural scale and
character of the surrounding neighborhood is mi."Xed,but traditiomu in design and character.Photographs of the area
around this site are shown below;::..:::.._-~
Existillg btu/diJ1g 011 the site
Adjtl~·ent house shariJ1g the driuewqy
Frolltyard
D1ivewr:'}serving the site
TEL:415.331.3795 FAX:415.331.3797
180 HARBOR DRIVE.SUITE 219.SAUSALITO.CA 94965
EMAIL:cdgplan@pacbell.net
EXHIBIT 9
lVlulbflrry Dlive hOHse atfjacCllt to the drivelv'!Y
OTHER NEIGHBORHOOD HOUSES
14329 Mulbe:rry Drive
Design Review Comments
November 16,2007 Page 2
Mlllberry Drive hOH.fC across from the drilJtmlq'J
o
o
Issues and Concerns
1.The narrowness of the site makes this a difficult site to develop -especially as regards the accommodation of
required parking in a manner that does not overwhelm the house.The proposed site plan and design do not seem to
resolve that problem very well ..Almost the entire front yard of the site is consumed by auto-oriented paving with very
little landscaping to establish a pleasant residential entry or provide for resident use.Paving also appears to be intended
along the south side of the house to a paved external courtyard off of the Family Room and Dining Room.
2.Access from the unit to the exterior,apart from the front door,seems a bit confus~g.There are e."{terior doors at
the Family Room and Dining Room,which makes sense,but there is no real access for use of the rear yard.A large door
is shown on the north elevation from one of the five bedrooms,but it is unclear to me why this would be a program
requirement.
CANNON DESICN CROUP 180 HAR80R DRIVE.SUITE 219 .SAUSALITO.CA 94965
14329 Mulberry Drive
Design Review Comments
November 16,2007 Page :;
3.My understanding is that this project started out with the concept of using a manufactured housing product on the
site,but has changed to a standard stick-built residence.Unfortunately,the design still retains the feel of a manufactured
home with low rood pitches,blocky forms and minimal detail.
4.The use of shed roofs seems out of keeping with this traditional neighborhood.There are some awkward transi-
tions between roofs.
5.The porch is a good idea,but has more of an institutional character than a residential character.Treatment of the
column and other porch elements at the adjacent garage is very awkward.
6.The projecting garage tends to dominate the design of the house front in addition to requiring extensive paving as
noted above.
7.The plate height seems higher than normal for a small house.
8.The use of large sliding windows on the bedrooms seems awkward when double hung windows are used elsewhere.
9.The window elevations note In grids in the upper portion of the double hung windows,but don't specify whether
they are divided lite windows or snap-in grids.
Porch is very heavy and p
appears more institutional
than residential
CANNON DESIGN GROUP
-=--:-t~Porch at edge of garage-
is pearly resolved
180 HARBOR DRIVE.SUITE 219 .SAUSALITO.CA 94965
14329 Mulbe:rry Drive
De5ign Review Comment5
November 16,2007 Page 4
Recommendations
1.As noted above,this site is a difficult one.My recommendation is to concentrate on providing more landscaping
to soften the appearance of the building and on providing mbre usable outdoor open space.I do believe that this is
more important in this instance than providing a single garage.The site plan below shows two uncovered parking spaces
loca_t~cl__~~~e ~outheast __~?r?e_.r_,!~the site to minimize the am~~!!~_~~J.r~:>nt yard pa~~~tan~_~~~e the amount ~f
f:ront yard landscaping.
2.Provide a large,usable front porch.A simplification of the floor plan and building forms would be appropriate.Ac-
commodation of a usable front porch seems more important than the articulation of the rear Wftll as cur.rently proposed.
3.Provide better thought out access to the exterior -especially to allow better utilization of the rear yard.
o
;
BackUp
space
I
I
I
I
I
IMo~ular -=l .~'~I
pavmg I
I --I
Fence to match opposite I
side of driveway I..:
----·-l·--~~·~~:~~~g~~
Alternate
bath locations
Facade articulation
not as important here
4.Revise the design to conform more to a traditional small home in Los Gatos.There are a number of styles and
approaches that could be used.The photograph below is one example of a typical small home in Los Gatos that could
serve a model -perhaps without the elevated first floor if access issues are of concern with the anticipated residents.
CANNON DESIGN GROUP 180 HARBOR DRIVE.SUITE 219 .SAUSALITO.CA 9496S
Composite materials may
be OK on this isolated site,
but their appearance and
detailing should be similar
to more traditional materials
used elsewhere in Los Gatos
Use divided or simulated
divided light windows or
eliminate the upper
window grids
A void snap-in grids
Use steeper h
roof pitch I ~
Use planter boxes and
other detail elements to
humanize the structure
14329 Mulberry Drive
Design Review Comments
November 16,2007 Page 5
Wood porch railing
Porch should be deep enough
5.Increase the roof pitch.
6.Use materials that are in keeping with other homes in Los Gatos.If the intent is to use snap-in grids rather than
true or simulated divided lite windows,it would be better to just eliminate the grids and leave the windows simple.Use
double hung windows throughout unless there are some unique exiting requirements that dictate sliding windows.And,
add planter boxes and/or other detail elements to add scale and interest to the residence.
7.I have assumed that a double front door is required for some specific access needs.If it is not,the entry should be
limited to a single door,possibly with a sidelight,as would be common for a small house.
8.I am not sure of the ownership and obligations regarding the long access driveway.If possible,it would be desirable
to provide a quality fence on the north side of the drive to match the one on the south side of the drive,and to provide
some landscaping along the edges of the drive to improve its visual quality.
I only provided suggestions for the front elevation.The general character and details selected should be applied consis-
tendy around all sides of the house.
Sandy,please let me know if you have any questions,or if there are specific issues of concern that I did not address.
Sincerely,
CANNON DESIGN GROUP
C7f~~
Larry Cannon AICP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE.SUITE 219.SAUSALITO.Cf\94965
o
u
ARBOR RESOURCES
Professional Arboricultural Consulting &Tree Care
A TREE INVENTORY AND REVIEW OF THE
PROPOSED NEW RESIDENCE AT
14329 MULBERRY DRIVE
LOS GATOS,CALIFOR1~IA
PROPERTY OWNER/APPLICANT:Hallmark Community Services
ARCHITECTURE AND SITE APPLICATION 5-07-188
APN 409-15-021
Submitted to:
Sandy L.Baily,AICP
Community Development Department
Town of Los Gatos
110 East Main Street
Los Gatos,CA 95031
Prepared by:
David L.Babby,RCA
ASCA Registered Consulting Arborist #399
[SA Certified Arborist #WE-400IA
RECEiVED
NOV 0 8 2007
TOWN OF LOS GATOS
PLAN~J1NG DIVISiON
November 5,2007
P.O.Box 25295~San l\I[ateo~California 94402 •Email:arborresources@comcast.net
Phone:650.654.3351 •Fax:650.240.0777 •Lic~nsed Contractor #796763
EXHIBIT 10
David L.Babby,Registered Consulting Arborist
TABLE OF CONTENTS
November 5,2007
SECTION TITLE PAGE
2.0
3.0
4.0
4.1
4.2
EXHIBIT
A
B
C
TNTllOTIVCTION ..::.:.-:1
TREE COUNT AND COMPOSITION 1
REVIEW OF POTENTIAL IMPACTS 2
RECOlVIMENDATIONS 4
Design Guidelines .4
Protection Measures Before and During Construction 5
EXHIBITS
TITLE
TREE INVENTORY TABLE
SITE~lAP
PHOTOGRAPHS (includes photo index)
o
David L.Babby,Registered Consulting Arborist
1.0 INTRODUCTION
November 5,2007
I have been retained by the Town of Los Gatos Community Development Department to
review tree-related impacts associated with a proposal to demolish an existing residence
and construct a new one at 14329 Mulberry Drive,Los Gatos.Tasks performed for this
review are as follows:
•Identify "protected trees"1 located in close proximity to the proposed development.
•Measure or estimate their trunk diameters at approximately 54 inches above grade
or as appropriate to obtain the most representative sample of trunk size (numbers
are rounded to the nearest half-inch).All measurements were obtained from my
report,dated 9/20/05,prepared for a different proposed residence at the subject site.
•Estimate canopy spreads,and ascertain the trees'health and structural integrity.
•Determine the trees'suitability for preservation (e.g.high,moderate or low).
•Review Sheets I thru 4,dated August 2007,by Symmetry Design &Build,Inc.
•Plot the numbers,locations,and canopy dimensions of inventoried trees on the map
presented in Exhibit B (a copy of Sheet I,Plot Plan).
•Obtain photographs of each tree;these are presented in Exhibit C.
•Provide this report containing the above information,and recommend measures to
help avoid or mitigate anticipated impacts to trees that will be retained or removed.
2.0 TREE COUNT AND COMPOSITION
Seven (7)trees were inventoried for this report.They are sequentially numbered as I thru
7,and include the following:one Incense Cedar (#1),one valley oak (#2),three eucalyptus
trees (#3 thru 5),one southern magnolia (#6),and one Italian stone pine (#7).Each tree
but #6 is located either entirely or partially on neighhoring properties.
Specific information regarding each tree is presented within the Tree Inventory Table in
Exhibit A.Their approximate locations are presented on the map in Exhibit B.
'Pursuant to Section 29.10.0960 of the Town's Municipal Code,a "protected tree"has a trunk diameter of
four inches and greater measured at three feet above grade.Fruit-and nut-bearing trees with trunks less than
18 inches in diameter are exempt (per Section 29.10.0970).
14329 klutherry Drive,Los Gatos
Town ofLos Gatos Community Development Department
Page 1 of7
The tree locations shown on the Plot Plan strongly resemble locations identified on the
map within my 9/20/05 report.Note that those locations were approximated and should
not be construed as being surveyed or necessarily accurate.
David L.Babby,Registered Consulting Arborist November 5,2007
.'
o
3.0 REVIEW OF POTENTIAL IMPACTS
Tree #6,a six-inch diameter magnolia,is proposed for removal to accommodate a
walkway and porch along the south side of the proposed residence.Pursuant to Table 3-1
of Section 29.10.0985 of the Town Code,either three trees of 24-inch box size or two trees
of 36-inch box size would need to be installed as mitigation.In doing so,the two new
trees proposed for installation must be increased in size to 36-inch box size.
All other trees are identified to be retained.To achieve their adequate protection,measures
presented throughout the remainder of this report must be closely followed and
incorporated into the project plans.
By implementation of the proposed design,trees #2 thru 4 would be jeopardized and
predisposed to premature decline and instability.To minimize the damage,the following
recommendations should be employed where beyondthe existing foundation and within 20
of the trees'trunks:
[1]The section of home beyond must be established utilizing a pier and above-grade
beam design,in which the beams are placed on top of existing soil grade with no
excavation between the piers (i.e.a no-dig design except vertically for the piers);if a
soil cut is necessary,it should not exceed four inches below existing soil grade.
[2]For drainage of the foundation,soil fill can be placed along the foundation perimeter
but should not exceed 24 inches from the foundation edge.
[3]Trenching,such as for the proposed drain line or utilities,should be avoided;any
utilities requiring excavation should either be attached to the structure or directionally
bored by at least 3.5 feet below grade.
[4]The ground beneath the beams or foundation should not be compacted and beams
established as far from the trunks as possible.
o
o
14329 Mulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
Page 2 of7
David L.Babby,Registered Consulting Arborist November 5,2007
To further minimize root damage of trees #2 and 3,I also recommend the proposed
walkway along the north side of the home is omitted from the design.If this is not
possible,the following measures should be implemented for the section of walk beneath
the canopies:
[I]The walk should fully pervious,including base materials;suggestions include
decomposed granite,stepping stones,or pervious concrete.
[2]The walk should be established on top of existing soil grade with no more than a four
inch soil cut,including for forms,edging and base materials.
[3]Direct compaction of the existing soil surface (i.e.sub grade)must be avoided.
Tree #7 is also exposed to potential significant impacts by installing a new driveway.To
minimize root damage,plans should be redesigned to the driveway edge is at least four to
five feet from the closest edge of its trunk.
To verify that the design can achieve the trees'protection,Sheet 2 (Preliminary Grading &
Drainage Plan)should show existing site elevations,as well as the horizontal and vertical
elevations of the base ofthe trunks oftrees #2 thru 5.
Trees #3 thru 5 are very large eucalyptus trees that have not been maintained and present
a danger to property and persons below.This particular species of eucalyptus,which are
blue gum,are best suited as windbreaks bordering agricultural land.Their location over
homes imposes a high to potentially severe risk of large limbs falling and causing
significant damage and/or a catastrophe.This risk can could only be minimized through
regnlar inspections and pruning,such as every year or two (given their location,I
recommend every year).Please note given the homes below,I strongly encourage these
trees are aerially inspected and properly pruned in the immediate future by a qualified
arborist,such as an ISA (International Society of Arboriculture)certified arborist or tree
worker.
14329 lVulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
Page 3 017
David L.Babby,Registered Consuliing Arborisi
4.0 RECOMMENDATIONS
November 5,2007
o
Recommendations presented within this section are based on the plans reviewed and serve
.as-guidf:llines formitigatingirnpacts to trees -of-regulated status being-retained and
removed.Please note that they are subject to revision upon reviewing any additional or
revised plans.
4,1 Design Guidelines
I.Recommendations presented within Section 3.0 of this report must be followed.
2.The permanent and temporary drainage design,including downspouts,shall not
require water being discharged beneath tree #2's canopy or towards the trunks of all
other trees.
3.Per Section 29.l0.l000(C.I)of the Ordinance,a copy of this report must be
incorporated into the final set of project plans,titled Sheet(s)T-I,T-2,etc.(Tree
Protection Instructions),and referenced on site-related plans (such as Sheets 1 and 2).
4.All new utilities and services should be routed outside from beneath the trees'
canopies.I should be consulted for alternative installation methods in the event this
is not feasible.
5.New trees installed to mitigate the loss of tree #6 must be planted prior to final
inspection.They shall be double-staked with rubber tree ties and all forms of
irrigation shall be of an automatic drip or soaker hose system placed on the soil
surface and not in a sleeve.Additionally,to achieve the greatest assurance of proper
installation,they should be installed,including necessary irrigation,by an
experienced state-licensed landscape contractor (or a professional tree company).
6.Upon availability,the planting and irrigation design should be reviewed for tree-
related impacts.
7.The future landscape design should conform to the following guidelines:
o
o
14329lvfulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
Page4of7
David L.Babby,Registered Consulting Arborist November 5,2007
a.Turf shall not be installed beneath tree #2's canopy.As an alternative,I
suggest a four-inch layer of coarse wood chips is spread on-grade.
b.Plant material installed beneath tree #2's canopy must be highly drought-
tolerant and limited in amount,such as no more than 15-to 20-percent of the
area beneath the canopy.Plant materials should be installed at least five feet
from all tree trunks.
c.Irrigation can,overtime,adversely impact tree #2 and should be avoided.
Irrigation for any new plant material beneath its canopy should be low-volume,
applied irregularly (such as only once or twice per week)and temporary (such
as no more than three years).Irrigation should not spray within three to five
feet of the trunks of all other trees.
d.In the event trenches for irrigation and/or lighting are required beneath a
canopy,they should be installed in a radial direction to the trees'trunks.If
irrigation trenches cannot be routed as such,the work may need to be
performed using a pneumatic air device (such as an Air-Spade®)to avoid
unnecessary root damage.
e.Stones,new fencing and mulch should not be placed against the trees'trunks (I
suggest a minimum two-foot setback).
f.'Tlnilli1Jeneath-canoples'should be avoided,including for weedcontr~l.
g.Bender board or other edging material proposed beneath the canopies should be
established on top of existing soil grade (such as by using vertical stakes).
4.2 Protection Measures before and during Development
8.Due to the close proximity of activities among trees,an ISA certified arborist and/or
an ASCA (American Society of Consulting Arborists)member -to be named the
"project arborist"-shall be retained by the applicant or owner to assist in
implementing and achieving compliance with all tree protection measures.
9.Prior to any demolition or site clearing work,a pre-construction meeting between the
project arborist and contractor(s)should be held on-site to discuss work procedures,
protection fencing locations,limits of grading,staging areas,routes of access,
supplemental watering,mulching,locations for equipment washing pits,and any
other applicable tree protection measures.
14329 Mulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
Page 5 of7
10.Tree protective fencing shall be installed for all trees and established prior to any
demolition,surface scraping or heavy equipment arriving on site.I recommend its
precise location and placement approved by the project arborist (in the form of a
letter submitted to the Townl_prioLiotheissuance of any _demolitiQn+gmdingQJ
construction permit.It shall be comprised of six-foot high chain link mounted on
eight-foot tall,two-inch diameter steel posts that are driven 24 inches into the ground
and spaced no more than 10 feet apart.Once established,the fencing must remain
undisturbed and be maintained throughout construction until final inspection.Note,
where beneath a canopy,fencing should be established no further than four feet from
the proposed foundation,and twelve inches from the existing and proposed driveway.
David L.Babby,Registered Consulting Arborist November 5,2007
o
11.Unless otherwise approved,all development activities must be conducted beyond the
designated-fenced areas and off unpaved areas beneath the canopies of Ordinance-
size trees inventoried and not inventoried for this report.These activities include,but
are not limited to,the following:demolition,grading,stripping of topsoil,trenching,
equipment cleaning,stockpiling/dumping of materials,and equipment/vehicle
operation and parking.
12.Prior to demolition,I recommend a four-inch deep layer of coarse wood chips (\4-to
%-inch in size)is manually spread on existing,unpaved soil beneath the trees'
canopies The wood chips are intended for foot-traffic and wheelbarrow access only
and should remain throughout construction (and possibly beyond).These wood chips
can be obtained from a tree servIce company and/or by contacting
www.reuserinc.com.
13.All existing,unused lines or pipes beneath a canopy should be abandoned and cut off
just below existing soil grade.
14.Where beneath tree canopies,piers for the foundation and any post-holes for new
fencing shall be manually dug with a post-hole digger for the first 2.5 to 3 feet below
existing grade.In the event a root greater than two inches in diameter is encountered
during this process,the hole should be resituated by 12 inches to either side.If no
root is found,the remaining hole can be mechanically drilled using a manually-
operated auger.
o
14329 Mulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
Page6of7
David L.Bobby,Registered Consulting Arborist November 5,2007
15.Any approved trenching beneath the trees'canopies must be manually performed
using hand tools and wheelbarrows.In the event roots of two inches and greater are
encountered during the process,the project arborist shall be consulted.Preferably,
roots of this size should remain intact,not be damaged,and tunneled beneath.
16.The removal of existing hardscape beneath the trees'canopies should be carefully
performed to avoid excavating soil during the process.Equipment and vehicles shall
remain on the existing driveway at all times and off exposed soil and roots.
17.Each recommendation presented within Section 4.1 of this report and applicable to
the actual development of the site shall be followed.
18.Throughout development,supplemental water should be supplied to the retained
trees;the project arborist shall determine the specific trees,intervals,amounts and
application methods.
19.The pruning of trees shall be performed in accordance with ANSI A300-2001
standards,and also by a California state-licensed tree service company that has an
ISA Certified Arborist in a supervisory role.
20.All equipment shall be positioned to avoid the trunks and branches of trees.Where a
conflict arises,the project arborist must be contacted to help address the situation.
21.The disposal of harmful products (such as chemicals,oil and gasoline)is prohibited
beneath canopies or anywhere on site that allows drainage beneath canopies.
Herbicides should not be used beneath the trees'canopies;where used on site,they
should be labeled for safe use near trees.
{A.~~.Prepared By:V-V
David L.Babby
Registered Consulting rborist #399
Certified Arborist #WE-400IA
14329 Mulberry Drive.Los Gatos
Town ofLos Gatos Community Development Department
Date:November 5,2007
Page 70f7
David 1.Babby,Registered Consuiting Arboris!
EXHIBITB:
SITE MAP
f 4329 Mlliberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
November 5,2007
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David L.Babby,Registered Consulting Arborist
EXHIBIT C:
PHOTOGRAPHS
Photo Index
Page C-l:Trees #1 and 2
Page C-2:Trees #3 thru 7
14329 Mulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
November 5,2007
o
David L.Babby,Registered Consuiting Arborist
14329 Mulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
November 5,2007
Page C-l
David L.Babby,Registered Consulting Arborist
14329 Mulberry Drive,Los Gatos
Town ofLos Gatos Community Development Department
November 5,2007
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_____JUL 08 2005 8:48AM AL.~TRUCTURAL INC.i-j
f
4085';',015
~p.1
ALL STRUCTURAL
CONSULTINO ~NtiINEEASB Inc
April 29,2005
'To Whom It May Concern:
SUaJECT:14329 Mulberry Drive
Los Gatos,California
Dear Sir or Madam:
388 MRRTIN R'IEIlUE
SAmR ClAAR.ell 9505D
PHONE:1ll08lSS9·C340
FAX:.1'1081559·21115
Job #3275
At the request of the owner I inspected the subject property.to asses.s its structural
condition.
Here are my findings:
•The building is a one-story wooden construction in an.advanced degraded
condition.
•The structure is not attached to the foundation .
.0 The first floor Is uneven due to the substandard floor joists,girders and their
supports.Also the supports seems to be differentially settled.There are soft
spots on the floor.
o The interior wood walls of the building present cracks related to the floors
condition.Some of the doors are difficult to operate•The crawl space under the first floor is substandard not haVing the required
clearances to the soil alid the interior supports are damaged.
o'The exterior footing present significant cracks.
o The windows are not waterproofed.There are no trims around theni and the
framing seems to be rotten.One of the.windows is missing.
o Parts of the construction are built wi~hout permit and are substandard.
o The electrical system is substandard and presents fire hazard.
.•Due to the differential.settlements the plumbing and the sewer system may
.break anytime inducing flooding.
o .There are signs of termite damages.Their extent is difficult to establish at this
.time but they seem 10 be qUite extensive.
Based on these findings,I recommend the demolition ofthe existing Wooden structure
being unsafe..
.Should you have any questions or require supplemental information,please call.
Sincerely,
ALL STRUCTURAL
CONSULTING EN-""""-
AUG o.2007
EXHIBIT 11
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TOWN OF Los GATOS
COMMUNITY DEVELOPlVIENT DEPARTMENT
PLANNING DIVISION
(408)354-6872 FAX (408)354-7593
CIVIC CENTER
110 E.MAIN STREET
P.O.Box 949
Los GATOS,CA 95031
September 14,2005
Stuart Alderman
2708 South Lamar Blvd
Austin Texas,78704
RE:14329 Mulberry Drive
Architecture and Site Application S-06-5
Requesting approval to demolish a pre-1941 single family residence on property zoned
R-1:8.APN 409·15-02l.
PROPERTY OWNER:Soyla Mainpour/l\ilohammed Khoshnoud
APPLICANT:Stuart Alderman
On September 7,2005,the Los Gatos Historic Preservation Committee considered the above
referenced application.The Committee recommended approval of the demolition to the
Development Review Committee based on the following findings:
1.The structural report identified numerous deficiencies.
2.The building is not associated with any events that have made a significant contribution to
the Town.
3.No significant persons are associated with the site.
4.There are no distinctive characteristics of type,period or method of construction or
representation of work of a master.
5.Does not yield information important to the Town's history.
This application is currently going through the development review process.If you have any
questions in this matter,please contact your project planner,Vu Nguyen,at 354-6807.
~
Bu N.Lortz,AICP
Director of Community Development
BNL:SLB
cc:Soyla Mainpour/Mohammed Khoshnoud,IOn S.De Anza Blvd #432 San Jose,CA 95129
N:\DEV\SlB\2005\14329mulberry.wpd .
INCORPORATED AUGUST 10,1887 EXHIBIT 12
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