202 University Ave - Staff Report and Exhibits 1-7
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 10/25/2017
ITEM NO: 2
DATE: OCTOBER 20, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT APPLICATION GP-17-002 ZONE CHANGE
APPLICATION Z-17-002. PROJECT LOCATION: 202 UNIVERSITY AVENUE.
PROPERTY OWNER: BARRY AND LISA CHESKIN. APPLICANT: BESS
WIERSEMA.
REQUESTING APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL TO MEDIUM DENSITY RESIDENTIAL AND A ZONE CHANGE
FROM O:LHP (OFFICE WITH A LANDMARK AND HISTORIC PRESERVATION
OVERLAY) TO R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH
A LANDMARK AND HISTORIC PRESERVATION OVERLAY). APN: 529-04-001.
RECOMMENDATION:
Forward a recommendation of approval to the Town Council on the proposed General Plan
amendment from Office Professional to Medium Density Residential and the proposed Zone
change from O:LHP (Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP
(Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) for an
existing parcel located at 202 University Avenue (6,380 square feet).
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the General Plan and
Town Code will have a significant effect on the environment.
PAGE 2 OF 5
SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
OCTOBER 20, 2017
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FINDINGS:
That there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental
Quality Act, Section 15061 (b)(3): Review for exemption.
That the General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its corresponding elements.
That the proposed Zone Change is consistent with the General Plan and its Elements in
that the proposed zoning is consistent with the existing General Plan designation.
BACKGROUND:
The subject parcel is located at the northeast corner of University Avenue and Miles Avenue in
the University-Edelen Historic District (Exhibit 1). The residence on the property was
constructed in the 1890s and is listed as a contributor to the University-Edelen Historic District.
The property was originally developed with a residential use. The Town approved the existing
office use on the property in 1978.
As summarized in Table 1, the subject property is bound by parcels with a Medium Density
Residential General Plan land use designation to the north, east, and west. The parcel to the
south has an Office Professional General Plan land use designation. The subject property is
bound by parcels Zoned R-1D:LHP (Residential Downtown: Landmark and Historic Preservation
Overlay Zone) to the north, east, and west. The parcel to the south is Zoned O:LHP (Office:
Landmark and Historic Preservation Overlay Zone).
Table 1. Surrounding Area
Address Existing Land Use General Plan Zoning
North 210 University Ave Residence Medium Density Residential R-1D:LHP
South 128 University Ave Office Office Professional O:LHP
East 72 Miles Ave Residence Medium Density Residential R-1D:LHP
West 205-209 University Ave Residence Medium Density Residential R-1D:LHP
The applicant is requesting approval of this General Plan amendment and Zone change to allow
the current property owners to transition the building from an office use to a single-family
residential use (Exhibit 5). The Landmark and Historic Preservation Overlay Zone (LHP) would
remain if the applications are approved. At this time, no modifications to the building are
proposed.
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
OCTOBER 20, 2017
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DISCUSSION:
A. General Plan Committee
At its September 13, 2017 meeting, the General Plan Committee reviewed the application
and recommended approval of the General Plan amendment to the Planning Commission
and Town Council.
B. General Plan Land Use Designations
The applicant is proposing a General Plan Amendment from an Office Professional General
Plan land use designation to a Medium Density Residential General Plan land use
designation.
The Office Professional land use designation provides for professional and general business
offices. This designation applies to various locations throughout the Town, often in close
proximity to neighborhood- or community-oriented commercial facilities, or as a buffer
between commercial and residential uses. The intent of this designation is to satisfy the
community’s need for general business and professional services and local employment.
The Medium Density Residential land use designation provides for multiple-family
residential, duplexes, and/or single-family homes.
The subject parcel is bound by parcels with a Medium Density Residential General Plan land
use designation to the north, east, and west. The parcel to the south has an Office
Professional General Plan land use designation.
C. General Plan Goals/Policies/Strategies
Applicable General Plan goals and policies that should be used to evaluate the proposed
General Plan Amendment and Zone Change applications, for this site include, but are not
limited to:
Land Use Goal
LU-1 To preserve, promote, and protect the existing small-town character and
quality of life within Los Gatos.
LU-6 To preserve and enhance the existing character and sense of place in
residential neighborhoods.
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
OCTOBER 20, 2017
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Land Use Policy
LU-6.4 Prohibit uses that may lead to the deterioration of residential neighborhoods,
or adversely impact the public safety or the residential character of a
residential neighborhood.
LU-6.5 The type, density, and intensity of new land use shall be consistent with that
of the immediate neighborhood.
Community Design Goal
CD-10 To maintain the historic character of the Downtown.
CD-12 To preserve significant historic and architectural features within the Town.
Community Design Policy
CD-6.4 Encourage the preservation, restoration, rehabilitation, reuse, and
maintenance of existing buildings Downtown.
CD-12.2 Encourage the preservation, maintenance, and adaptive reused of existing
residential, commercial, or public buildings.
D. Zoning
The applicant is proposing a Zone change from O:LHP (Office with a Landmark and Historic
Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark
and Historic Preservation Overlay). The proposed Zoning would be consistent with the
General Plan land use designation if the proposed General Plan amendment is approved.
The current office use of the property would not be allowed in the R-1:D Zone; however,
the applicant has indicated that it is the intent of the current owners to return the property
to a residential use in the near future (Exhibit 5).
PUBLIC COMMENTS:
As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
A. Summary
The proposed General Plan Amendment and Zone change would be consistent with the
pattern of land use and Zoning in the surrounding residential neighborhood (Exhibit 1).
Additionally, replacing the existing office use with a single-family residential use would
reduce the parking requirement and traffic.
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SUBJECT: 202 UNIVERSITY AVENUE/GP-17-002 AND Z-17-002
OCTOBER 20, 2017
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B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the
existing and proposed General Plan land use designations and the existing and proposed
Zoning and forward a recommendation of approval to the Town Council. If the Planning
Commission finds merit with the proposed amendments, it should:
1. Make the required finding that there is no possibility that this project will have a
significant impact on the environment; therefore, the project is not subject to the
California Environmental Quality Act, Section 15061 (b)(3): Review for exemption
(Exhibit 2);
2. Make the required finding that the General Plan amendment is internally consistent
with the existing goals and policies of the General Plan and its corresponding elements
(Exhibit 2);
3. Make the required finding that the proposed Zone Change is consistent with the
General Plan and its Elements in that the proposed zoning is consistent with the
existing General Plan designation (Exhibit 2); and
4. Forward a recommendation of approval of General Plan Amendment Application GP-
17-002 and Zone Change Application Z-17-002 to the Town Council.
C. Alternatives
Alternatively, the Planning Commission may:
1. Continue this item to a date certain with specific direction to staff;
2. Provide a recommendation for denial to the Town Council providing findings for denial.
EXHIBITS:
1. Location maps (showing General Plan Land Use Designations and Existing Zoning)
2. Draft Findings (one page)
3. Draft Resolution for General Plan Amendment, with Exhibit A (four pages)
4. Draft Ordinance for Zone Change, with Exhibit A (three pages)
5. Letter from applicant (one page)
6. Background information (thirteen pages)
7. Development Plans (three sheets)
Distribution:
Bess Wiersema, Studio 3 Design, 638 University Avenue, Los Gatos, CA 95032
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TOWN COUNCIL -2017
REQUIRED FINDINGS FOR:
202 University Avenue
General Plan Amendment Application GP-17 -002
Zone Change Application Z-17-001
Requesting approval of a General Plan amendment from Office Professional to
Medium Density Residential and a Zone change from O:LHP (Office with a Landmark
and Historic Preservation Overlay) to R-1D:LHP (Single-family Residential
Downtown with a Landmark And Historic Preservation Overlay). APN: 529-04-001.
PROPERTY OWNERS: Barry & Lisa Cheskin
APPLICANT: Bess Wiersema
FINDINGS:
Required finding for CEQA:
• That there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental
Quality Act, Section 15061 (b)(3}: Review for exemption.
Required consistency with the Town's General Plan:
• That the General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its corresponding elements.
• That the proposed Zone Change is consistent with the General Plan and its Elements in
that the proposed zoning is consistent with the proposed General Plan designation.
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EXHIBIT 2
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RESOLUTION 2017-_
RESOLUTION OF THE TOWN COU NCIL
OF THE TOWN OF LOS GATOS
Draft Resolution : subject to
modification by Town Council
based on
deliberations and direction
AMENDING THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION
FROM OFFICE PROFESSIONAL TO MEDIUM DENSITY RESIDENTIAL
FORA PROPERTY AT 202 UNIVERSITY AVENUE
WHEREAS, the applica.nt requests approval to change the General Plan land use
designation from Office to Medium Density Residential on property located at 202
University Avenue (Santa Clara County Assesso r Parcel Number 529-04-001); and
WHEREAS, the General Plan Committee at its meeting of September 13, 2017,
recommended that the General Plan land use designation be chang'ed from Office to
Medium Density Residential as that designation is consistent with the land use
designations of neighboring properties and consistent with the proposed use of the
property; and
WHERE AS, the Planning Commission recommended approval of the General Plan
amendment at its regularly noticed public hearing on October 25, 2017; and
WHEREAS, this matter w as regularly noticed i n conformance w ith State and
Town law and came before the Town Council for public hearing on ---~ 2017;
and
WHEREAS, the Town Council accept ed t he r eport of t he Pla n ning Comm ission 's
recommendation on the proposed General Plan amendment; and
EXHIBIT 3
WHEREAS, the Town Council finds as follows:
A. The project is Categorically Exempt pursuant to the adopted Guidelines
for the Implementation of California Environmental Quality Act, Section 15061(b)(3);
and
B. The General Plan amendment is internally consistent with the existing
goals and policies of the General Plan and its corresponding elements; and
C. That all proceedings have been conducted in compliance with the
provisions of Government Code Section 65350 et seq.; and
WHEREAS, the Town Council considered all facts and information related to a
request to change the General Plan land use designation for the property at 202
University Avenue from Office Professional to Medium Density Residential as shown on
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby changes the
General Plan land use designation for property at 202 University Avenue as shown on
Exhibit A, from Office Professional to Medium Density Residential . The following
condition must be complied with before the General Plan amendment is effective :
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. CONFORMANCE WITH LAND USE DESIGNATION. The existing office use shall
cease within two years of adoption of this General Plan amendment.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the _day of __ ~· 2017, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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ORDINANCE
Dr aft Ordinance: su bject to
modification by Tow n Council
based on
deliberations and dir ection
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THR ZONING CODE
FROM O:LHP (OFFICE WITH A LANDMARK AND HISTORIC PROPERTY OVERLAY)
TO R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH A LANDMARK AND
HISTORIC PROPERTY OVERLAY)
FOR PROPERTY LOCATED AT 202 UNIVERSITY AVENUE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDA IN AS FOLLOWS:
SECTION I
The Town Code ofthe Town of Los Gatos is hereby amended t o c hange t he zoning on
property at 202 Un i vers ity Avenue (Santa Clara Co u nty Asses sor Parcel Nu m be r 52 9-04-001) as
shown on the map attached heret o as Exhibit A, a nd is part of this Or d i nance, from O:LHP
(Office with a Landmark and Historic Property Overlay) to R-lD:LHP {S i ngle-family Residenti al
Downtown with a Landmark and Historic Property Overlay). The follo wi n g co nditi on m u st be
complied with before the zone change is effecti ve:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. CONFORMANCE WITH ZONE. The existing office use sh all cease within two years of
adoption of this Ordinance.
EXHIBIT~
SECTION II
This Ordinance was i ntroduced at a regular meeting of the Town Council of the Town of
Los Gatos on _____ _, 2017, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting ofthe Town Council of the Town of Los Gatos on ____ ___,
2017. This ordinance takes effect 30 days after it is adopted .
COUNCIL MEMBERS:
AYES :
NAYS :
ABSENT:
ABSTAIN:
ATTEST :
SIGNED :
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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RECE!VED
AUG 15 2017
.~ .. :
EXHIBIT 6
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AUG 1 5 Z017
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202 University Theresa & James Jeffers ?
Description: = ~ ~
Italianate Cottage. Partial facade pore ft, bay window right. Low-pitch hipped roof. Wide
eaves overhang; decorative bra.eke except over front bay window). Tall, narrow double·sash
windows . White (pale yellow?) with blue trim.
From front door enter short hall. Doors open left and right, today into offices, once BIR left, L/R.
right. Hall ends now in "big room" with fireplace , tile front, wooden surrowid added by previous
owners. To left, current office entrance room, door to bath room from here. From "big room"
door to "kitchen." Kitchen has unused door to bath on left, door to law library on right, unused
door to nonexistent deck in back wall. Sink has been built into wooden antique buffet.
Wheelchair-accessible ramp has been added on left side of house. "Back yard" is now parking
lot Period chandeliers in "L/R." and ''DIR" restored by real estate agents.
1941 Tax Assessment Files:
Lot 6, Blk 5, Haggarty's Subd. Owner: George Miles Collins & Stella 0 . Clark
1316 sq. ft+ 70' porch. Replacement cost $3575 @36% = $1285. 1story,6 rooms, medium
construction; shallow concrete foundation; gable, shingle roof; front porch; 1 car garage; resawed
exterior; S rooms plastered, 1plywood;4 papered, 2 tinted; 1 sm bath, medium.+ (ext. 2 t?);
modem electrical fixtures; stove heat; partial basement; medium quality; 40 years old; medium
condition, acceptable design and floor plan. Lot SS' x 109.91' value $715 .
P~anning Commission &iii£ Book
Vineyard lot bllc 5 lot 6 ttage.
Sanborn. MA.ipLW-~ comer University & Miles #62 I-story with partial
front & rear porches.; 1904/8 address= 62/86 University, house same as '95, outbuilding added
on rear ppty line+ outhouse?; 1928/44 address 202 University, rear porch enclosed, house
extended? garage replaced outbuilding in rear.
Owner:
Purchased house from real estate agents S? years ago for+/-350k. They did most of renovations.
Short central ball from front door. Offices left and right off hall. Jn.period lighting fixtures . Bay
wlllilow to right of front door. Hall ends in large room with fireplace (surround not original), tile?
Small room to left with side door (original?), leads to large bathroom. Beyond large room, small
"kitchen," door, not used to bathroom, back door to a porch no longer there. "Kitchen" includes
cabinet remodeled to include double sink. To the right of kitchen is law library. Wheel-chair
accessible from L side.
Hipped roof; need to note colors. Some interesting art work.
Bellringer Files
11
(
1920 p137-i§l.~aggerty 6/
1922 p 24. Collins, Oliver, Ffiii7tfs'o11050/450
1934 p 23. Collins, Oliver, Hag 6/5, 385/1150/100
'< :;~i~f~ .. ~-ll'·'/~:~~
· u~• • 01!;1
1938 p 21 . Collins, Oliver (estate of), 385/1150/200, exemption of 100. ~ ,~1J
Oliver Collins owned M&E 1112 from 1891thru1907, and lived there. No TA red 1908. -t }"Z..
BloekBookl
(Downstairs) Oliver Collins (5/10/20?), Geo M Collins, Stella 0 Clark, HG (or C) Hardtke et
al.
(Upstairs, 1908 base) Geo Miles Collins
Voter Registers 1
1890: '
Hagerty, Michael Bernard, age 60, Ireland, bricklayer, lives Los Gatos, naturalizeMJlifig
same day #4333 [b ca. 1829]
Collins, Oliver, age 41, b Mass, farmer, l Los Gatos, reg 6/5/89
McCarthy, Joseph, 40, b Ireland, farmer, Union dist., nat 5/28/66 SJ, reg 9/15/1880, #7346
McCarthy, John Joseph, 22, b CA, fanner, Union, reg 9/11>6. '/.
1896:
, laborer, age 48, 5' 6 1/2" tall, light complex, blue eyes, red~ r 5/2/9~ \ caa.l-~
~-
Cens.wr Records
ill1111·1~!!1&~;\t O'Connors Sanitariuuf.:ilL+ 9n/1848: age 88 yrs/S/21. Born
l j Isaac, mo Sarah Ann Korve (?) ·: ·Died of acute
-cholecrystisis ( m 4/20/37) and chronic myocardis ( m "M . . anon on 4124 or 4126,
1937. (Both Sophie C . Collins and dau Estelle Clark lived at 202 Univ.) Buried at Oak Hill Cem.
Flllleral 4130/37. Geo M Collins lived in Honolulu. Grandchildren: Mrs. Virgil (Clark) Curtis of
SJ, Miss Eleanor F Clark of LG, and Geo F Collins of Honolula
~----·di ~. · .,,_,_" ... , 202 Univ, age 78/4/-. BomJan 12, 1860. Bom in Gottenberg,
"-Sweden; in LG SO yrs, in · , · ~D!ed of chronic lymphumatic leukemia.
Methodist Episcop~. · -g sister, brother,
and several nieces live in the east.
14
A1.1COVER SHEET +EXISTING SITE PLANSCALE:18" = 1'-0"1INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032t 408.292.3252f 253.399.1125STUDIO THREE DESIGNA.P.N. 529-04-001CHESKIN202 UNIVERSITY AVELOS GATOSCALIFORNIA9503017 JUNE 201603 AUGUST 2017REZONING SUBMITTAL17 JUNE 201625 JULY 2017CLIENT MEETINGSCHEME G28 JULY 2017PROGRESS SET17 JUNE 201603 AUGUST 2017REZONING SUBMITTAL17 JUNE 201625 JULY 2017CLIENT MEETINGSCHEME G28 JULY 2017PROGRESS SET28 AUGUST 2017PROGRESS SET IIEXISTING PHOTOSINDEXLOCATION MAPPROJECT INFO.PARCEL MAPPROJECT DATADesigner:Studio 3 DesignContact: Bess Wiersemabess@studio-three.com638 University AvenueLos Gatos, California 95032ph: (408) 292-3252fax: (253) 399-1125Owner:Barry + Lisa Cheskin948 Altos Oak DriveLos Altos, CA 94024(650)245-8551A1.1 Cover Sheet + Existing Site PlanA2.1 Existing Floor + Roof PlanA3.1 Existing Exterior ElevationsPROJECT DESCRIPTIONThis existing property is zoned O:LHP and the owners are requesting it to be re-zoned R-1:LHP,similar to the surrounding neighborhood. The current use is an office and the owners are lookingto make this their primary residence.EXISTING SITE PLAN202 UNIVERSITY AVE.202 UNIVERSITY AVE. (PRESENT DAY)PROJECT ADDRESS:202 UNIVERSITY AVENUEA.P.N. :529-04-001LOT AREA (FROM PARCEL MAP)0.14 ACRES (±6,380 SF)ZONING:O:LHP (REQUEST REZONING TO R-1D:LHP)LAND USE:OFFICE PROFESSIONAL(REQUEST REZONING TOMEDIUM DENSITY RESIDENTIAL) YEAR BUILT:1898 EXISTING SQUARE FOOTAGE:HABITABLE:1,155 SFCELLAR: 212 SFFRONT PORCH: 88 SFREAR PORCH: 24 SFSETBACKSALLOWED (FOR R-1D)FRONT: 15'SIDE (INTERIOR/STREET): 5' / 10'REAR:20'BUILDING HEIGHTALLOWED (FOR R-1D)HOUSE30' (MAX.)ACCESSORY15' (MAX)FLOOR AREA RATIO (FAR)ALLOWED (FOR R-1D)HABITABLE HOUSE2,163 SFGARAGE 613 SFBUILDING COVERAGE: HABITABLE: 1,155 SF (19%)FRONT PORCH: 88 SF (1%)REAR PORCH: 24 SF (0.05%)TOTAL1,267 SF (21%)SITE COVERAGE: HABITABLE: 1,155 SF (19%)PARKING LOT: 2,400 SF (39%)ENTRY PORCH: 88 SF (1%)REAR PORCH: 24 SF (0.05%)TOTAL 3,667 SF (60%)EXHIBIT 7
A2.1EXISTING FLOOR +ROOF PLANSSCALE:14" = 1'-0"1INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032t 408.292.3252f 253.399.1125STUDIO THREE DESIGNA.P.N. 529-04-001CHESKIN202 UNIVERSITY AVELOS GATOSCALIFORNIA9503017 JUNE 201603 AUGUST 2017REZONING SUBMITTAL17 JUNE 201625 JULY 2017CLIENT MEETINGSCHEME G28 JULY 2017PROGRESS SET
A3.1EXISTINGEXTERIOR ELEVATIONSSCALE:14" = 1'-0"1INTERIORSREMODELS +ADDITIONSNEW CONSTRUCTION638 UNIVERSITY AVELOS GATOSCALIFORNIA95032t 408.292.3252f 253.399.1125STUDIO THREE DESIGNA.P.N. 529-04-001CHESKIN202 UNIVERSITY AVELOS GATOSCALIFORNIA9503017 JUNE 201603 AUGUST 2017REZONING SUBMITTAL17 JUNE 201625 JULY 2017CLIENT MEETINGSCHEME G28 JULY 2017PROGRESS SET