14333 Mulberry Dr - Staff Report and Exhibits 1-8DATE:
TO:
FROM:
SUBJECT:
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
APRIL 5, 2017
PLANNING COMMISSION
MEETING DATE: 04/12/2017
ITEM NO: 4
JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
ARCHITECTURE AND SITE APPLICATION S-16-073 . PROJECT LOCATION:
14333 MULBERRY DRIVE. PROPERTY OWNER/APPLICANT: HOOMAN
BOLAND!. APPELLANT : LEOPOLD DESIGN.
CONSIDER AN APPEAL OF A DECISION OF THE DEVELOPMENT REVIEW
COMMITTEE APPROVING AN ARCHITECTURE AND SITE APPLICATION
REQUESTING APPROVAL FOR DEMOLITION OF AN EXISTING SINGLE-
FAMILY RESIDENCE AND FORAN EXCEPTION TO REQUIRED SETBACKS FOR
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON A NON-
CONFORMING PROPERTY ZONED R-1 :8. APN 409-15-022.
RECOMMENDATION:
Deny the appeal and uphold the decision of the Development Review Committee to approve
the application, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation : R-1 :8-Single-Family Residential, 8,000-square foot lot
minimum
Applicable Plans & Standards : Residential Design Guidelines; General Plan
Parcel Size: 10,136 square feet
Surrounding Area:
i Existing Land Use i General Plan
North I Residential ! Low Density Residential
East I Residential I Low Density Residential
South I Residential ! Low Density Residential
West ! Residential ! Low Density Residential
PREPARED BY: JENNIFER ARMER
Associate Planner
! Zoning
j R-1:8
I R-1 :8
I R-1 :8
I R-1:8
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 • 408 -354-6874
www .losgatosca .gov
PAGE 2 OF 9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE: APRIL 5, 2017
~:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures.
FINDINGS:
• As required by the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15303 : New
Construction or Conversion of Small Structures.
• As required by Section 29.10.09030(e) of the Town Code for the demolition of a single-
family residence.
• The project is in compliance with the Residential Design Guidelines for single-family homes
not in hillside residential areas.
• As required by Section 29.10.265 ofthe Town Code, the Architecture and Site application
includes a modification of the required side yard setback to allow the same setback of the
former house for the new house.
CONSIDERATIONS:
• As required by Section 29.20.150 ofthe Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days .
BACKGROUND:
The subject property is an existing non-conforming flag lot with access off of Mulberry Drive.
The project started as a Building Permit application, submitted on January 11, 2016, to
renovate the existing two-story house and add 194 square feet. Because the proposed
additional square footage was split evenly between the first and second floors, the second-
story addition was less than the 100-foot trigger for a Minor Residential Development permit
application. The Building Permit application was approved and issued on October 28, 2016.
The demolition work was halted in November of 2016, when the owner notified the Town of
their discovery that the condition of the walls would not allow them to maintain the 50 percent
wall area required to avoid a technical demolition. As a result the construction was no longer
considered a renovation, but construction of a new house which required approval of an
Architecture and Site application .
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PAGE 3 OF 9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE: APRIL 5, 2017
The Architecture and Site application was submitted, on December 14, 2016, with development
plans that were the same as had been approved through the Building Permit process . The
Development Review Committee began review ofthe project on January 17, 2017, and
approved the permit on February 14, 2017, with conditions addressing drainage design details
and privacy concerns raised by the front neighbors. The application was appealed on February
24, 2017, by the front neighbors.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is a flag lot with access from the west side of Mulberry Drive.
B. Project Summary
The proposed project is a new 2,609-square foot two-story house that was originally
proposed as a renovation to the existing two-story house with a 194-square foot first and
second story addition.
Although the original house could not be maintained, due to its condition, the originally
approved design has been maintained.
C. Zoning Compliance
The proposed project is in compliance with all zoning requirements except the left side
setback. The project was initially proposed as a renovation of the existing house and
included maintaining the existing non-conforming seven-foot side setback where eight feet
is currently required. The current design matches that initial plan and proposes to maintain
that non -conforming seven-foot side setback through the provisions in Section 29.10.265(3)
of the Town Code for Non-conforming Lots, which allows that any rule of the zone,
including front, side, and rear yard requirements may be modified by the terms of the
architecture and site approval.
DISCUSSION :
A. Architecture and Site Analysi s
The proposed project was approved through the building permit process as a renovation
and addition of 194 square feet to an existing two-story house . Due to field conditions, the
renovation did not go as planned and the owner stopped work and notified the Town as
soon as they discovered that the condition of the walls would not allow them to maintain
the 50 percent wall area required to avoid a technical demolition .
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PAGE40F9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE: APRIL 5, 2017
The Building Permit design increased the roof height to allow for new bedroom space
toward the front of the house where the previous roof sloped down to the first floor level.
Because of this change in the building's front fa~ade staff forwarded the plans to the Town's
Consulting Architect for review of the building's compliance with the Residential Design
Guidelines. The Town's Consulting Architect's report (Exhibit 5) included six recommended
changes:
1. Substantially lower the second floor-to-plate height. The sloped ceiling will provide an
adequate spacious feeling. And the second floor uses along the north side of the house
would allow a lower ceiling height at that edge .
2. Add an entry porch with a wood beam and posts to break up the two-story front wall.
Porches are encouraged by the Residential Design Guidelines. The porch should be a
minimum of 6ft. deep as called for in the Residential De si gn Guidelines. Wood railings
to match the rear elevation deck are suggested, but are optional.
3. The use of standing seam metal roofing rather than the proposed faux Spanish tile metal
roofing would be more consistent with this architectural style.
4. Reduce the widths of the second floor windows on the front facade and simplify the
window transoms .
5. Reduce the size of the belly band trim around all sides of the house.
6. Discuss the desirability of a driveway gate and its design further with the applicant.
The applicant worked with staff to respond to all of these recommendations:
1. The applicant lowered the roof height.
2. The applicant added a deep standing seam metal roofed entry to the front fa~ade
because a six-foot porch with posts was not possible because it would encroach into the
required front setback and interfere with driveway access to the garage .
3. Roof type changed as recommended.
4. Windows revised as recommended .
5. Belly band revised as recommended .
6. Driveway gate removed from proposal.
B. Neighborhood Compatibility
The proposed house would be similar in size to other houses in this neighborhood. Based
on Town and County records, the surrounding residences range in size from 500 square feet
to 2,811 square feet. The floor area ratios (FAR) range from 0.05 FAR to 0 .3 7 FAR. The
applicant is proposing a residence of 2,609 square feet (not including attached garage) on a
10,394-square foot parcel (0.25 FAR) which is reduced to 8,378 net square feet when the
area of the lot area of the flag pole portion of the lot is removed (0 .31 FAR). The maximum
square footage for an 8,378-square foot lot is 2, 706 square feet.
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PAGE 5 OF9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE: APRIL 5, 2017
The following Neighborhood Analysis table reflects current conditions of the immediate
neighborhood.
Gross
House & House
ADDRESS House Garage Garage Lot Area FAR Stories
14340 Mulberry 1,433 0 1,433 8,874 0.16 1
14330 Mulberry 2,446 685 3,131 7,332 0.33 2
14322 Mulberry 2,072 486 2,558 5,640 0.37 2
14316 Mulberry 500 0 500 9,882 0.05 1
14304 Mulberry 1,140 0 1,140 10,152 0.11 1
14311 Mulberry 2,690 528 3,218 11,663 0.23 2
14325 Mulberry 2,684 471 3,155 8,300 0.32 1
14333 Mulberry (E) 2,415 446 2,861 10,394 0.23 2
14333 Mulberry (N) 2,609 450 3,059 10,394 0.25 2
14343 Mulberry 2,366 449 2,815 9,792 0.24 1
17471 Wedgewood 2,811 544 3,355 11,325 0.25 1
The table above does not account for reductions in net lot square footage for flag lots.
However, the proposed house does not have either the largest square footage or the largest
FAR within the immediate neighborhood, even after that reduction in net lot area.
C. Setbacks
The project was initially proposed as a renovation of the existing house and included
maintaining the existing non-conforming seven-foot side setback where eight feet is
currently required. The current design matches that initially approved plan and proposes to
maintain the non -conforming seven-foot side setback through the provisions in Section
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PAGE 6 OF9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE : APRIL 5, 2017
29 .10.265(3) ofthe Town Code for Non-conforming Lots which reads: "Any rule ofthe zone
including front, side, and rear yard requirements may be modified by the terms of the
architecture and site approval so that the building and its use will be compatible with the
neighborhood."
D. Historic Preservation Committee
At the meeting of September 23, 2015, the Historic Preservation Committee considered a
request from the property owner that the pre-1941 house be removed from the
presumptive Historic Resources Inventory. Based on documentation provided and the
condition of the property the Historic Preservation Committee unanimously approved the
request.
E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures .
F. Development Review Committee
The Development Review Committee (DRC) held three public hearings for the proposed
Architecture and Site application on January 17, January 31, and February 14, 2017. Written
public hearing notices were sent to surrounding property owners and tenants within 300
feet.
No members of the public attended the first hearing, but staff continued the item based on
a desire to resolve drainage details prior to approval.
Dan Khuong and Jennifer Van Nghiem, the adjacent neighbors to the front of this flag lot,
attended the second hearing to express their concerns about privacy impacts to their rear
yard. Staff continued the item to request that the applicant work with the front neighbors
on privacy concerns.
The front neighbors attended the third meeting and stated their continued concerns over
privacy, and indicated that landscape screening and design changes to certain second floor
windows could address their concerns . The DRC then approved the project with two
additional conditions on these issues (Exhibit 3, Conditions 7 and 8).
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PAGE 7 OF 9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE : APRIL 5, 2017
G. Appeal
The application was appealed by Leopold Design (E xhibit 7). The appellant's concern is that
the conditions of approval are too general to satisfy the privacy needed by the front
neighbors.
The applicant and front neighbors have met to discuss the ne ighbors' continuing concerns.
The applicant offered to include one or more of the following items in their plans to address
these concerns with more specificity than was included in the conditions of approval:
• Neighbor's choice from a list of six potential tree species that could be used;
• Additional trees beyond the 4 required in the condition of approval;
• Planting trees on applicant's property that would be 15 feet tall at planting;
• Choice of tree location: (1) On subject property to reduce shade on neighbor's back
yard, or (2) On neighbor's property so that they has control over tree health;
• Planting trees as soon as possible (once all heavy construction work is done);
• New fencing up to 8 feet high ;
• Tall construction fencing for privacy during construction ; and
• Elimination of right front bedroom's window on right side wall, rather than just
translucent glass.
PUBLIC COMMENTS:
At the time of this report's preparation, the Town has not received any public comment.
CONCLUSION :
A. Summary
The project is in compliance with the Residential Design Guidelines and Zoning Code . The
proposed house is the same design that was approved through the Building Permit, and
would be compatible with surrounding houses in the neighborhood. The applicant has been
willing to make modifications to their proposal to include inoperable windows, obscured
glass, and landscaping to address the neighbor's privacy concerns.
Staff recommends that the appeal be denied and the application be approved as outlined in
the recommendation section below.
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PAGE 8 OF 9
SUBJECT: 14333 MULBERRY DRIVE/S-16-073
DATE: APRIL 5, 2017
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal, uphold the decision of the DRC, and approve the Architecture and Site application
subject to the recommended conditions of approval (Exhibit 3}:
1. Find that the project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures {Exhibit 2);
2. Make the findings required by Section 29 .10.09030{e) of the Town Code for the
demolition of an existing structure {Exhibit 2);
3. Make the required finding that the project complies with the Residential Design
Guidelines (Exhibit 2);
4. Make finding as required by Section 29.10.265 ofthe Town Code, the Architecture and
Site application includes a modification of the side yard setback in order to maintain in
the location of the existing house as is currently compatible with the neighborhood
(Exhibit 2);
5. Make the required considerations as required by Section 29.20.150 ofthe Town Code
for granting approval of an Architecture & Site Application (Exhibit 2); and
6. Approve Architecture and Site application S-16-073 subject to the conditions in Exhibit 3
and the development plans (Exhibit 8).
C. Alternatives
Alternatively, the Commission can :
1. Continue the matter to a date certain with specific direction; or
2. Deny the appeal and approve the application with additional and/or modified
conditions; or
3. Grant the appeal and remand the application to the DRC with direction for revisions; or
4. Grant the appeal and deny the Architecture and Site application.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations (two pages)
3. Recommended Conditions of Approval (eight pages)
4. Project Data Sheet (two pages)
5. Consulting Architect report (five pages). received September 21. 2016
6. Project Description and Justification, received March 30, 2017 (two pages)
7 . Appeal letter (one page), received February 24, 2017
8. Development Plan s, received March 29, 2017 (ten pages)
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PAGE90F9
SUBJECT : 14333 MULBERRY DRIVE/S-16-073
DATE: APRIL 5, 2017
Distribution:
Hooman Bolandi, 14333 Mulberry Drive, Los Gatos, CA 95032
Leopold Design, 777 Enright Ave, Santa Clara, CA 95050
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.o
EXHIBIT 1
This Page
Intentionally
Left Blank
PLANNING COMMISSION-Apri/12, 2017
REQUIRED FINDINGS & CONSIDERATIONS FOR:
14333 Mulberry Drive
Architecture and Site Application S-16-073
Requesting approval for demolition of an existing single-family residence and
request for an exception to required setbacks for construction of a new single-family
residence on a non-conforming property zoned R-1:8. APN 409-15-022.
PROPERTY OWNER/ APPLICANT: Hooman Bolandi
FINDINGS
Required findings for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required finding for the demolition of a single-family residence:
• As required by Section 29.10.09030(e) of the Town Code for the demolition of a single-
family residence:
1. The Town's housing stock will be maintained as the single-family residence will
be replaced.
2. The existing structure has no architectural or historical significance, and is in
poor condition .
3. The property owner does not desire to maintain the structure as it exists; and
4. The economic utility of the structures was considered .
Required Compliance with the Residential Design Guidelines:
• The project is in compliance with the Residential Design Guidelines for single-family
homes not in hillside residential areas.
Required for modification of setback rule on a non-conforming lot:
• As required by Section 29.10.265 ofthe Town Code, the Architecture and Site
application includes a modification of the required side yard setback to allow the same
setback of the former house for the new house.
EXHIBIT 2
CONSIDERATIONS:
Considerations in review of Architecture & Site applications:
• As required by Section 29.20.150 ofthe Town Code, the con siderations in review of an
Architecture and Site application were all made in reviewing thi s project.
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PLANNING COMMISSION-Apri/12, 2017
CONDITIONS OF APPROVAL
14333 Mulberry Drive
Architecture and Site Application S-16-073
Requesting approval for demolition of an existing single-family residence and
request for an exception to required setbacks for construction of a new single-family
residence on a non-conforming property zoned R-1:8. APN 409-15-022.
PROPERTY OWNER/ APPLICANT: Hooman Bolandi
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT :
Planning Division
1. APPROVAL: This application shall be completed in accordance with all ofthe conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION OF APPROVAL : The Architecture and Site application will expire two years
from the date of approval unless the approval is used before expiration . Section
29 .20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture and Site application.
4. GENERAL: All existing trees shown on the plan, and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
6. FRONT YARD LANDSCAPE : Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
7. LANDSCAPE SCREENING . The applicant shall plant trees or other landscape screening
between the new residence and the neighbors's properties at 14325 and 14343 Mulberry
Drive. Landscaping shall include two trees along the southern fence on either side of the
existing apple tree to screen yard of 14343 Mulberry Drive and four additional trees along
the property line parallel to the street to screen views of 14325 Mulberry from proposed
second story windows .
8. WINDOW CHANGES . The three windows on the right (north) side ofthe house shall be
frosted glass or other translucent material to provide privacy. The bedroom windows on
the same elevation shall be inoperable, provided that Building Code requirements can be
complied with.
9. RECYCLING: 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 type and weight of
material, shall be submitted to the Town prior to the Towns demolition inspection.
EXHIBIT 3
10. OUTDOOR LIGHTING : Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless first approved by the Planning Division. The outdoor lighting plan can
be reviewed during building plan check . Any changes to the lighting plan shall be
approved by the Planning Division prior to installation.
11. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expre ssly set
forth in the approval.
Building Division
12. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing single-family residence and a Building Permit for the construction of the new
single-family residence and a separate. Separate permits are required for electrical,
mechanical , and plumbing work as necessary.
13. 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 .
14. SIZE OF PLANS : Four sets of construction plans, minimum size 24" x 36", ma ximum size
30" X 42".
15 . DEMOLITION REQUIREMENTS : Obtain a Building Department Demolition Application and
a Bay Area Air Quality Management Application from the Building Department Service
Counter for each building. Once the demolition form ha s been completed, all signature s
obtained, and written verification from PG&E that all utilities have been disconnected,
return the completed form 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, ex isting utility service lines such as water, sewer, and PG&E . No demolition
work shall be done without first obtaining a permit from the Town .
16. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development-Planning Division : Jennifer Armer (408} 399-5706
b . Engineering/Parks & Public Works Department: Mike Wei sz (408) 354-5236
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.
f. Bay Area Air Quality Management Di strict: (415) 771-6000
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
17. GENERAL : All public improvements shall be made according to the latest adopted Town
Standard Plans , Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances . The adjacent public right-of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction 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 an encroachment permit is issued by the Engineering Division of the Parks and
Public Works Department. The Applicant'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 issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Applicant's expense.
18. APPROVAL: Thi s application shall be completed in accordance with all ofthe conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
19. 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. It is the
responsibility of the Appl icant to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing
any permit.
20 . PUBLIC WORKS INSPECTIONS: The Applicant or their 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 penalties and rejection of work that went on without
inspection .
21. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of the Applicant's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition . Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor's sole expense and no additional compensation shall be
allowed therefo re. 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. The Applicant shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
cond ition s.
22 . STREET CLOSURE: Any proposed blockage or partial closure of the street requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
23. PLANS AND STUDIES : All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any studies imposed by the Planning Commission or
Town Council shall be funded by the Applicant.
24. DRAINAGE IMPROVEMENT: Prior to the issuance of any permits, the Applicant shall:
a) design provisions for surface drainage; and b) design all necessary storm drain facilities
extending to a satisfactory point of disposal for the proper control and disposal of storm
runoff; and c) provide a recorded copy of any required easements to the Town .
25 . DEDICATIONS : The following shall be dedicated by separate instrument . The dedication
shall be recorded before any permits are issued:
a. Private Ingress-Egress Easement (PIEE): A shared access easement for the subject
property and the property immediately adjacent to the north, thirty (30) feet in width .
b. Water Line Easement (WLE): Ten (10) feet wide, centered on the location of the
existing water lateral and service for the subject property as situated within the
property immediately adjacent to the north .
26. WATER DESIGN: In the event of any required improvements to the existing water service
and/or meter, water plans prepared by San Jose Water Company must be reviewed and
approved prior to issuance of any permit.
27 . WATER METER: The existing water meter, currently located within the Mulberry Drive
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Applicant shall repair and replace to existing Town standards any
portion of concrete flatwork within said right-of-way that is damaged during this activity.
28 . UTILITIES: The Applicant shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
service . The Applicant is required to obtain approval of all proposed utility alignments
from any and all utility service providers before a Certificate of Occupancy for any new
building can be issued. The Town of Los Gatos does not approve or imply approval for
final alignment or design of these facilities .
29 . SIDEWALK/CURB IN-LIEU FEE : A curb and sidewalk in-lieu fee of $2,484.00 shall be paid
prior to issuance of a building permit. This fee is based on 18 LF of curb at $66/LF and 81
square feet of 4.5-foot wide sidewalk at $16/SF in accordance with Town policy and the
Town's Fee Schedule.
30. CONSTRUCTION STREET PARKING : No vehicle having a manufacture'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 to approval from the
Town Engineer.
31. HAULING OF SOIL: Hauling of soil on-or off-site shall not occur during the morning or
evening peak periods (between 7:00a.m. and 9:00a.m. and between 4 :00p.m. and 6 :00
p.m.), and at other times as specified by the Director of Parks and Public Works . Prior to
the issuance of a building permit, the Applicant shall work with the Town Building
Department and Engineering Division Inspectors to devise a traffic control plan to ensure
safe and efficient traffic flow under periods when soil is hauled on or off of the project
site. This may include, but is not limited to provisions for the Applicant/Owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required . Cover all trucks hauling soil, sand and other
loose debris.
32. CONSTRUCTION HOURS: All site improvements construction activities, including the
delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited
to the hours of 8:00a.m. to 8:00p.m., weekdays and 9 :00a.m. to 7:00p.m. weekends and
holidays. The Town may authorize, on a case-by-case basis, alternate construction hours.
The Applicant shall provide written notice twenty-four {24) hours in advance of modified
construction hours. Approval oft his request is at discretion of the Town .
33 . CONSTRUCTION NOISE: Between the hours of 8:00a.m. to 8 :00p.m., weekdays and 9 :00
a.m. to 7:00p .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 from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA .
34. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan sheet (full-size) within the plan
set that shall incorporate at a minimum the Project Schedule, employee parking,
construction staging area, materials storage area(s), concrete washout(s) and proposed
outhouse location(s). Please refer to the Town 's Con struction Management Plan
Guidelines document for additional information.
35 . WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, or at a location specified by the Town.
36. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all material, equipment and/or
operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
37. GRADING, DRAINAGE & UTILITIES: Prior to the issuance of any permit(s), all proposed
grading, drainage and utilities shall be sufficiently calculated, sized and/or designed to the
satisfaction of the Director of Parks and Public Works, and meet all current standards,
policies, codes and specifications.
38. SITE DESIGN MEASURES : All projects shall incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
39 . EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division ofthe Parks and Public Works Department. A
maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building
on an area if grading is allowed during the rainy season . Interim erosion control
measures, to be carried out during construction and before installation of the final
landscaping, shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and detailsL erosion control blankets,
Town standard seeding specification, filter berms, check dams, retention basins, etc.
Provide erosion control measures as needed to protect downstream water quality during
winter months. The Town of los Gatos Engineering Division of the Parks and Public Works
Department and the Building Department will conduct periodic NPDES inspections of the
site throughout the recognized storm season to verify compliance with the Construction
General Permit and Stormwater ordinances and regulations.
40. DUST CONTROL : Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the Town, or a minimum of three (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper control of blowing dust
for the duration ofthe project. Watering on public streets shall not occur . Streets shall be
cleaned by street sweepers or by hand as often as deemed necessary by the Town
Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of 8 a.m . and 5 p .m. and shall include at least one (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour {MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
41. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
42 . SITE DRAINAGE : Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to
public storm system shall be stenciled/signed with appropriate "NO DUMPING-Flows to
Bay" NPDES required language. On-site drainage systems for all projects shall include one
of the alternatives included in section C.3 .i of the Municipal Regional NPDES Permit.
These include storm water reuse via cisterns or rain barrels, directing runoff from
impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to
be used they shall be placed a minimum of ten {10) feet from the adjacent property line
and/or right-of-wa y. No improvements shall obstruct or divert runoff to the detriment of
an adjacent, downstream or down slope property.
43. SILT AND MUD IN PUBLIC RIGHT-OF-WAY : It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the publi c r ight-of-way is cleaned up on
a daily ba sis . Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
44 . GOOD HOUSEKEEPING : Good housekeeping practices shall be observed at all times during
the course of construction . All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Applicant 's
repre sentative 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 penalties and/or
the Town performing the required maintenance at the Applicant 's expen se.
45 . COVERED TRUCKS: All trucks transporting material s to and from the site shall be covered .
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
46 . AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED . An automatic residential f i re sprinkle r
system shall be installed in one-and two-family dwellings as follows: In all new one-and
two-family dwellings and existing one -and two-family dwellings when additions are made
that increase the building area to more than 3,600 square feet . Exception: A one-time
addition to an ex isting building that does not total more than 1,000 square feet of build i ng
area. NOTE : The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the exi sting water service is required . A State of California
l ic ense (C -16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fee s to the Santa Clara County Fire Department for
review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and
amended by LGTC.
47 . WATER SUPPLY REQUIREMENTS . Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It i s the re sponsib il ity of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the de sign of any water-based fire protection
system s, and /or fire suppression water supply systems or storage conta iners that may be
physi cally connected in any manner to an appliance capable of causing contamination of
th e potable water supply of the purveyor of record . Final approval of the system(s) under
consideration will not be granted by the Santa Clara County Fire Department unti l
compliance with the requ i rements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2010 CFC Sec . 903.3 .5 and Health
and Safety Code 13114.7.
48 . CONSTRUCTION SITE FIRE SAFETY : All construction sites mu st comply w ith applicable
provision s of the Santa Clara County Fire Department Standard Detai l and Specification Sl -
7 and Chapter 33 of the currently adopted edition of the California Fire Code . Thi s must
be submitted to, and approved by this office prior to commencing
demolition/construction act ivities.
49. ADDRESS IDENTIFICATION : New and existing buildings shall have approved addre ss
numbers, building numbers or approved building identification placed in a po sition that is
plainly legible and visib le from the street or road fronting the property. These numbers
shall contra st with their background . Where required by fire code official, addre ss
numbers shall be provided in additional approved location s to facilitate emergen cy
response . Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke with of 0.5 inch
(12 .7mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to identify
the structure. Address numbers shall be maintained . CF C See . 505 .1.
N :\DEV\CONDITIONS\2017\Mulb erry14333-PC.doc
14333 MULBERRY DRIVE -PROJECT DATA
EXISTING PROPOSED PROJECT REQUIRED/ PERMITTED
CONDITIONS
Zoning district R-1:8 same -
Land use single family residence same -
General Plan Designation low density residential same -
Lot size (sq. ft.) 10,394 gross floor area same 8,000 sq. ft. minimum
Exterior materials:
$ siding Wood Siding stucco siding -
$ trim Wood Wood -
$ windows single pane windows double pane windows -
$ roofing Shingles Presidential Shingles -
Building floor area:
$ first floor 1323 1418 -
$ second floor 1092 1189 -
-
$ cellar N/A N/A
Attach -
$ garage Detach
Setbacks (ft.):
$ front Flag lot with 2 5 ' Flag lot with 2 5 ' 2 5 feet minimum
$ rear 20 feet minimum
$ left side 7 ft 7 ft 8 feet minimum
$ right side 5 ' 10'-6" 8 feet minimum
Maximum height (ft.) 24 '-2" 29 '-2" 30 feet maximum
Building coverage(%) 28.83% 31.10% 40% maximum
Floor Area Ratio (%)
$ house 2415 2606 sq. ft. maximum
EXHIBiT 4
$ garage 446 450 sq. ft. maximum
Parking Two-car garage One car garage , one two spaces minimum
uncovered
Tree Removals None None canopy replacement
September 21,2016
Ms . Jennifer A rmer
Community Development D epa rtment
Town of Los Gatos
11 0 E. Main Stree t
Los Gatos, CA 9503 1
RE: 14333 Mulberry Drive
D ear Jennifer:
ARCHITECTURE P LANNING UR BAN DESIG N
I reviewed the drawings, and have previously vi sited the site for th e review of other homes o n Mulber ry Drive. My com-
ments and recommendations are as foll ows:
Neighborhood Context
The si te is located on a short dead end street which has lately seen several n ew homes constructed. Other h ouses are
both one and two-story in h eight with traditional architectural styles. Photographs o f the neighborhood are shown on
the following page.
700 LARKSPUR LANDING C IR CLE . SUITE 199 . LARKSPUR . CA . 9 4 939
EXHIBIT 5
TEL: 41 5.3 3 1 .3 79 5
CDCPLAN@PAC Bf ll.NfT
Nea rby house to t h e le ft
Nearby home
Nearby home
Nearby home
CANNON DE SIG N GROUP
14333 Mulberry Drive
Design Rev iew Comments
Septem ber 21, 20 16 Page 2
Site access driveway and home to the immediate
left
Nearby home
Nearby home
Nearby home
700 LA RKSP U R LANDI NG CIRCLE . SUITE 199 . LARKSPUR . CA . 94939
Concerns and Issues
14333 Mulberry Drive
Design Review Commenrs
Seprember 21,2016 Page 3
The applicant suggests that since the home is set back from th e street on a fla g lo t that it s a ppearance is less important
than other homes n earer the street. That contention is not supported by the Town's Reside ntial Design G uidelines . .A nd
when I started providing design review se r vices fo r the Town in 2002, I met individ ually with each Planning Commis-
sioner and Town Council Memb er. T hey unanimously direc ted me to give precedence to two issues -neighborhood
compatibili ty and architectural excell ence. It is within that framework th at I have reviewed this proposed p roject.
Specifi c con cerns include the followin g:
10 ft . floor-to-ceiling height[
is out of scale with
this neighborhood
Belly band trim ~~=t.....---;:~$::---1
is too large
Entry is out of character
with the architectural style...,_~r+-fHHII
--=
Two-story front facade is not consistent
with the Residential Design guidelines
1. The front two-story facade is not con siste nt with the Residential Design Guidelines. Most ho mes o n Mulb erry
Drive have som e amo unt of fir st fl oor eaves evident o n their street facad es. The belly b and trim proposed here is
not enough to sati sfy the guideline s in terms of relating to th e scale of the neighborhood. Overall, the design is
not consistent with Residential Design guideline 3.3.2.
2. The 10 F t. fl oor-to-ceiling height for bo th the firs t and second floor is not consistent with th e scale of th e neigh -
borhood, and is p roportionately awkward for a sm aller size h ome like this.
3. T h e entry and the second floor windows are awkw ard and not con sistent with the proposed Contemp orary Style .
.And , they are no t consistent with Res idential Design G uidelines 3.2.2 regarding architectural integri ty and Guid e-
line 3.6.2 regarding entry con sisten cy with the architectural style.
4. T h e second fl oor windows are very much o ut of scale with th e small front fa cad e area.
5. T h e a pplica nt argues th at the ho use \vill b e further blocked by a 6 Ft. ta ll driveway entry gate. Such a formal entry
wo uld b e quite different than any o th er home in the n eigh borhood, and would be particularly o ut of place if the
gate were solid.
CANNON DE SIG G ROUP 700 LARKSPUR LANDING CIRCLE . SU ITE 199 . LARKSPUR . CA . 94 939
Recommendations
Wood railings to
match rear deck 1----1.-:
Optional
14333 Mulberry D rive
Design Review Comments
September 21, 20 16 Page 4
Standing seam metal
roofs would be more
11'----'r·· .. ~~llli:~-=;~appropriate to the
architectural style
,..._+----4 Reduce belly
band size
1. Subs tantially lower the second flo or-to-plate height. The slo p ed ceiling will provide an adequate spacious feeling.
And the second floor uses along the north side of the h ouse would all ow a lower ceiling h eight at that edge.
2. Add an entry porch with a wood b eam and columns to break up the two -story front wall. Porches are encouraged
by the Residential Design Guidelines. T h e porch should be a minimum of 6 ft. deep as call e d for in the Residen-
tial Design Guidelines. Wood railing s to match the rear elevation deck are suggested, but are option aL
3. The use o f standing seam metal roofing r ather than the proposed faux Spanish tile metal roofing would be more
consistent with thi s architectural style.
4. Reduce th e widths of the second floor windows o n the front facade and simplify the window transoms.
5. Reduce the size of the belly band trim around all sides of the h ouse.
6. Discuss the desirability of a driveway gate and its design furth er with the applicant.
There are some minor issues with other elevation s, but I have not felt compelled to address them since they are clearly
o ut of public view.
Jennifer, please let m e know if yo u h ave any questions, or if there are other iss ues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
CANNON DES IGN GROUP 700 LARKSPUR LANDI NG CIRCLE . SUITE 199 . LARKSPUR . CA . 94939
3/30/2017
Dear Planning Commission M e mbe rs;
I am writing this letter to review the progress on building of 14333 Mulberry Drive residence and ask
your help with approval of this project.
It took my fian cee and me over 2 yea rs to f in d this hou se (14333 Mulberry Drive) and have owned it for
2 years now. After seeing the house, we both fell in love with the location as it compl etely took us to our
childhood days and we both want to build the house and st art our family here . My fiancee ha s lived in
town of Los Gatos for over 11 years and loves the small town feeling as it reminds her of living in
Europe. My mother is 81 years old and in the last 11 months we lost 3 of her siblings and 1 of her cousin,
all much younger than her. We would like to make her comfortable in this golden age of her life and
have her see our family settled and happy in thi s house before her time is up.
We started with the town of Los Gatos planning on the renovation of the existing ho me on 5/25/16, due
to the age of the house we had to go to Hi storical Preservation Comity "HPC" and it was approved in
September of 2015. After months of working with planning and building w e submitted for building
permit on 1/11 /16 . After 10 m o nths the building p lan was r eviewed & approved by the Town Sta ff
(P lanning, En g in ee rin g, Fire , Bui lding, Town of Los Gatos outside resou rce s OCC (S usan 0' Brian) & COG
(Larry L. Can non ) as a renovation of an existing home with a net increa se of 194 sq. ft and the bu i lding
permit was approved and issued 10/28/16. Approved renovation plan was within our limited budget.
After 17 months of p lanning an d review process we started demolition process o nly to halt the work
after 3 weeks. Due to bad weather and severe storms between 11/11-11/29 part of t he bu ilding wa ll s
fe ll. Despite our intentio n to keep these wa ll s the unforeseen Act of God damage resu lted in demolition
of more than 50% ca usin g this project to no longe r be co nsidered a renovation. Wi t h this new
circumstances the town of Los Gato s planning required Architecture & Site rev iew and neighborhood
notification, which was subm itted on 12/14/16. The submitted plans and building footing were exact ly
the same as the o nes alrea dy app roved through building permit process. After 3 DRC reviews, th e plans
w er e approved agai n on 2/14/2017. Th e new requirem ents from Architecture & Site r ev iew cha nged
the scope of this project to new constructi on and added de lay s wh ich inc urred cos t s that were not
planned fo r in the original budget. This added financial burden that we were not prepared to ca rry .
Privacy co n ce rn was raised before 2"d Development Rev iew Comm ittee review by a 14325 Mulberry
Drive neighbor (not an immediate neighbor). They recently boug ht t he house and move d in Jan of 2017.
They are about 63ft. away fro m our house. Recommendati on from the DRC to address privacy concern
wa s to make use of translucent windows and landscapin g so lu tions. We were advised by planning to
co ntinue working with o ur 14325 Mulberry Drive neighbor on the tree select ion. We had seve r al
meetings w ith 14325 Mulberry Drive neig hbors offeri ng various lan dscapi ng options fo r different tree
types an d placement that wou ld address th eir privacy concern; however they all wer e rejected for
rea son s not understood to us. Outside of DRC decision, we even offer them to remove one of the
windows on the 2"d f loor bedroom on the right elevat io n of t he house t o show good f aith and make
them fee l comfortab le, but that wa s not sat isfactory e ither. They appealed the DRC decision on 2/24.
We continu ed workin g with the 143 25 Mulberry Drive neighbors on po ss ible so lution s to th eir privacy
1 EXHIBIT 6
3/30/2017
concern (2 re co mmendations from DRC approval). The 14325 Mulberry Drive neighbors asked us for
immediate solution for lands caping which meant go in g to 36" and 48 " bo x trees (Taller than 16ft trees),
which we were/are wi lling to accommodate. Per their request we hired an engineer to calculate the
view ang le and tree height, so we know precise ly ho w many trees and how tall the trees need to be . We
hire landscape architect and arb o ri st to spec. i n the tree s, avai lability, co st and practicality of the
proposal. The neighbors asked us for soil spec ifica ti o n wh ich we provided but that was not satisfa ctory
to th e m e ither . The soi l spe c came from a lands ca pin g co mpany who is going to pla nt t he tree, and
se rv i ce it weekly.
We feel we truly reach out to meet our neighbors privac y needs and provided both various options to
address their conce rn s, including bearing costs that are well beyond reasonably asked (plantin g 16ft ta ll
trees/covering costs of trees were planted on neighbors' property), as well as provi ding them with all
requested materials and professional analysis (also beyond normally asked for: soil specs , consultations
with engineer/arborist/landscape architect). We did not he sitate to incur additional cost of those
specialized services in order to meet our neighbors' needs. With all those so lutions provided and all
r eque sted expertise being either rejected or deem unsatisfactory by our ne ighbors, it feels to us their
expectations are beyond w hat can be reasonably provi ded .
We ha ve met all the requirements f ro m the Town of Los Gat o s and our plans were r ev iewe d and
approved twice by the To w n. As you can see we have go ne above and b eyond to make our 14325
Mulberry Drive neighbor comfo rtable. With all our efforts t o come their way they sti ll insist t hat t he o nly
truly sat isfa ctory so lution for their privacy needs wou ld be complete redesign of o u r house. At thi s sta ge
of the project with all plans and approvals ready and over 22 months spent, we be lieve th is is not an
option even remot ely reasonable . We have t ried mitigating th e sit ua t ion by altering w in dow, w i ndo w
type, removing one w indow, & planting mature trees and we are ready to prov ide those so lutions as
re comme nd ed by the Town of Los Gatos. We are asking you t o plea se app r ove our project , so that we
can move fo rwa rd w ith building ou r ho use and our family.
Sin ce r ely You r s
Boland i Family
J ennifer A rmer ·· .ln 1" 1 W;d'ty';.~:a .y ......
Sd"y • I
Hi Hooman,
I am out of the office si<.k today, l>.rt am ind udino Sally Zarnow it z, Planning Manager , in this en•1il in r.a:;e you need to arrange tl1is meeting prior to my retlll n.
I would like tJJ d alify U1a t last time we nl('( w e ca lcu loted that no mo re than 38% of t he previo <rsly e xi sting walls had b<len retained (and portions o f t ho:;e walls no long"'
included • :;u rfilf.€ on either :;ide of the wall as required) and we estimated that up to 14% of the wa ll had been int ended to be 1 etained but fell clow n in the proc~ of
d emolition.
Srncerely,
JEnnifer
2
r ·
TOWN OF LOS GAT<.,.:;,
COMMUNITY DEVELOPMENT DEPARTME
110 E. Main Street
Los Gatos, CA· 95030
APPEAL OF THE DECISION OF
DIRECTOR OF COMMUNITY DEVELOP
OR
DEVELOPMENT REVIEW COMMITTEE
PLEASE TYPE or PRINT NEATLY
I, the unde~igned, do hereby appeal a decision of the COMMUNITY DEVELOPMENT
DEPARTMENT/DIRECTOR OF COMMUNITY DEVELOPMENT OR DEVELOPMENT REVIEW
COMMITTEE as follows:
DATE OF DECISION: 2114/17
PROJECT/APPLICATION: S-16-Q73
LOCATION: 14333 Mulberry Dr.
LIST REASONS WHY THE APPEAL SHOULD BE GRANTED:
Requesting an appeal to satisfy needed privacy. Requesting approval to be subject to an agreed upon
executionAandscaping plan between the new residence and the neighbor's property at 14325.
Current relevant conditions are too general.
IMPORTANT:
1. APPEAL MUST BE FILED WITHIN TEN (10) DAYS AFTER THE DATE OF MAILING OF WRITTEN
NOTIFICATION OF THE DECISION.
2. THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING
COMMISSION WIDCH THE BUSINESS OF THE PLANNING COMMISSION WILL P.ERMIT, MORE
THAN FIVE (5) DAYS AFTER TilE DATE OF THE Fll..ING OF THE APPEAL . THE PLANNING
COMMISSION MAY HEAR THE MA TIER ANEW AND RENDER A NEW DECISION IN THE MATTER.
3. YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE.
4. CONTACT THE PROJECT PLANNER TO DETERMINE WHAT MATERIAL IS REQUIRED TO BE
SUBMITTED FOR THE PUBLIC HEARING.
RETURN APPEAL FORM TO COMMUNITY DEVELOPMENT DEPARTMENT
PRINT NAME . Leopold Design SIGNATURE ~
DATE . 2~4~017
PHONE 650.224.6852
ADDRESS 777 Enright Ave. Santa Clara, Ca.
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
DATE OF PLANNING COMMISSION HEARING:
COMMISSION ACTION: 1.
2 .
3.
)'(PLAPPEAL
PLAPPEAL
PLAPPEAL
N:\DEV\FORMS\Pianning\2016-17 Fonns\Appcal CDJ).DRC.cloc>t
OFFICE USE ONLY
DATE:---------
DATE:---------
DATE:---------
S 186.00 Residential
$744.00 Commercial
S 76.00 Tree Appeals
710112016
EXHIBIT 7
,.........__,.........
I I [ I I l
Leopo l d De s ign
Re: Architecture and Site Application S-16-073
February 9 , 2017
Dear Jennifer Armer & Town of los Gatos Community Deve lopment Department,
My name is Leopold Vandeneynde, I'm a register~d licensed architect in California. 1 work
primarily on residential .2 story additioos and new 2 story homes. I've been hired to review the
plans at 14333 Mulberry Drive on behalf ofthe neighbors, Daniel and Jennifer, at 14325
Mulberry Drive, los Gatos, Ca. 95032 .
I've met with Jenn ifer Armer, the Project Planner and reviewed the current set of drawings for
14333 Mulberry Drive and the impact on the neighboring structure at 14325 Mulberry Drive.
The main concern that arises in these types of development, is privacy for the neighboring
homes.
The current 2nd floor plan design presents major privacy issues for it affects not only Daniel and
Jennifer's master bedroom and bathroom> but the entire backside of their home (rear yard,
family room, kitchen}. Their home has large expanses of glass that open their home into their
rear yard.
Planting privacy evergreen trees close to the fence would create a cold and dark living space.
It would be ideal if the 2nd floor plan could relocate the 2 bedrooms to the rear of the home
and create a sloped I vaulted ceiling. and roof over the 1st floor entry area, similar to the
original plans of the home. This would cut down on the distance and provide needed privacy.
In the current design there is an extremely large deck off of the master suite. The size is
approximately the same as the 2 bedroom areas.
Upon visiting the home of Daniel and Jennifer, it is quite obvious that the orange tent poles that
indicate the approximate mass of the new structure looms over their back yard and I trust that
the Planning Department will work with the owners and neighbors to mitigate a privacy
solution.
Thank you,
Leopold Vandeneynde, Architect, #C31335
--teopold@leopolddesign.com
Leopold Vandeneynde -650.224.6852
777 Enright Avenue, Santa Clara , CA 95050
MULBERRY AVENUE (50.0' WIDE)LOT 2LOT 3LOT 1RECORD OF SURVEYEXISTING WOOD FRAME BLDG.EXISTING WOOD FRAME BLDG.EXISTING WOOD FRAME BLDG.EXISTING 2 STOREY WOOD FRAME BLDG.EXIST. GARAGETO BE REMOVEDLEGEND A-2SHEET TITLE:PROJECT:
TOPOGRAPHIC &
BOUNDARY SURVEY
HOUSE REMODEL AND ADDITION
14333 MULBERRY DRIVE., LOS GATOS, CA 95032ABAPN: 409-15-022PATH OF TURNAROUNDDRVEWAYMULBERRY STREETBUILDING GARAGEPROPERTY LINEPROPERTY LINEEXISTING SITE PLAN
MULBERRY AVENUE (50.0' WIDE)LOT 2LOT 3LOT 1RECORD OF SURVEYEXISTING WOOD FRAME BLDG.EXISTING WOOD FRAME BLDG.EXISTING WOOD FRAME BLDG.EXISTING 2 STOREY WOOD FRAME BLDG.PROPOSED NEWGARAGE A-2.1SHEET TITLE:PROJECT:
DRIVEWAY
HOUSE REMODEL AND ADDITION
14333 MULBERRY DRIVE., LOS GATOS, CA 95032APN: 409-15-022NEW SITE PLAN
EROSION CONTROL SITE PLAN