Item 02 - 100 Clifton Ave - Staff Report & Exhibits 1-5TOWN OF LOS GATOS ITEM NO: 2
CONSENT PLANNING COMMISSION STAFF REPORT
Meeting Date: September 23, 2015
PREPARED BY:
APPUCA TION NO :
LOCATION:
APPLICANT/PROPERTY
OWNER:
CONTACT PERSON:
Mami F. Moseley, Associate Planner
mmoseley@ losgatosca.gov
Conditional Use Permit Application U-15-010
100 Clifton Avenue (located at the very end of Clifton Avenue)
Marc and Caroline Philippe
Marc and Caroline Philippe
APPLICATION SUMMARY: Requesting approval to install a vineyard greater than 3,000
square feet on property zoned HR-5. APN 510-47-025.
RECOMMENDATION:
PROJECT DATA:
DEEMED COMPLETE: August 26, 2015
FINAL DATE TO TAKE ACTION: February 26 ,2016
Approval, subject to conditions.
General Plan Designation: Hillside Residential, 0-1 du/acre
Zoning Designation: HR-5
Applicable Plans & Standards: General Plan; Hillside Specific
Plan; Hillside Development
Standards & Guidelines
Parcel Size: 5.5 acres
Surrounding Area:
General Plan I Zoning ·-North ·--··! ~~i}~~-t~fr~· use Hillside Residentiai~n(f". l HR~S -:LHP~·
Residential Medium Density R-lD:LHP
Residential i --···-·--··· ...... ·-j--·--···----·· .•... --········· ····-·-····-----·--···········-··--··········· ·-·· ·l·--······ .. ·--------·-·-·-·
East Single-Family Hillside Residential HR-5
Residential l----------1-----·-·----·---····-·. -----·--·-· ·-· -·-South 1 Single-Family Hillside Residential HR-5
J I Residential ______ L___
j Single-Family ·-West Medium Density I R-1:0, RPD
I Residential and Residential
I Senior Apartments j I
Planning Commission Staff Report -Page 2
100 Clifton Avenue/U-15-01 0
September 23, 2015
CEQA:
FINDINGS:
CONS IDERA TJONS:
A CT ION:
EXHIBITS:
BACKGROUND:
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15304: minor alterations to
land.
•
•
•
As required , pursuant to th e adopted Guidelines for the
Implementation of the California Environmental Quality
Act, this project is Categorically Exempt, Section 15304 :
minor alterations to land.
As required by Section 29.20.190 of the Town Code for
granting a Conditional Use Permit.
The project is consistent with the Hillside Development
Standards & Guidelines.
• The project is consistent with the Hillside Specific Plan .
None.
The decision of the Planning Commission I S final unless
appealed within ten days .
1. Location Map
2. Required Findings (one page)
3. Recommended Conditions of Approval (one page)
4 . Project Description and Lette r of Justification (I 1 pages),
received August 3, 2015
5. Development Plans (one sheet), received August 3, 2015
The property has a recentl y constructed s ingle-family residence; the vineyard was installed in
May 20 15 as a last stage in the construction process for the property. The applicant believed
based o n conversations with former Town staff that the installation of the vineyard would not
require planning or building permits. The area on whi ch the vineyard was insta lled contained
dry brush and grasses, and no grading or tree removals were required for the installation .
Planning Commission Staff Report -Page 3
I 00 Clifton A venue/U -15-0 I 0
September 23, 2015
PROJECT DESCRIPTION:
A . Location and Surrounding Neighborhood
The project si te is located at the very end of Clifton Avenue and is accessed through a
gated dtiveway. Surrounding properties co ntain single-family and multi-family
residential uses.
B. Proposed Project
The applicant is requesting approval of a Conditional Use Permit (CUP) for a private
vineyard larger than 3,000 square feet (sq. ft.). The applicant submitted a project
description and letter of justification (Exhibit 4), and a site plan (Exhibit 5).
The vineyard is approximately 7,000 sq. ft. on a 5.5-acre parcel. The vineyard was
installed and will be maintained by Post and Trellis, a company that provides private
vineyard installation and maintenance services. A drip system provides water to the
vineyard. Post and Trell is has provided the applicant the information that vineyards
require significantly less water than native drought tolerant landscaping.
C. Zoning Compliance
A vineyard larger than 3,000 square feet is all owed in the Hillside Residential (HR)
zo ning district subject to the approval of a CUP. The CUP process was established due
to concerns about large hillside areas being cleared to create a vineyard or an orchard.
The areas where the vines were planted was already clear and did not require the removal
of any trees (Exhibit 4).
ANALYSIS:
A. Hillside Development Standards & Guidelines
The Hillside Development Standards & Guidelines (HDS&G) does not contain criteria
specific to the installation of vineyards or orchards; however, the existing vineyard did
not require grading or the removal of an y trees , which is consistent with the goals and
objectives ofthe HDS&G.
B. Hillside Specific Plan
The Hillside Specific Plan (HSP) states that land use in the hillsides should be limited to
agriculture and single-family residential uses. The HSP was adopted prior to the
Planning Commission Staff Report -Page 4
100 Clifton Avenue/U-15-010
September 23, 2015
inclusion of the CUP requirement for a vineyard larger than 3,000 square feet.
Development of vineyards is not specifically addressed in the HSP.
C. Conditional Use Permit Findings
In order to grant a Conditional Use Permit, the Planning Commission must make the
following findings:
(1) The proposed use of the property is essential or desirable to the public
convenience or welfare;
(2) The proposed use will not impair the integrity and character of the zone;
(3) The proposed use would not be detrimental to public health, safety or general
wei fare; and
( 4) The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
In regards to finding one, the use would enhance the appearance of the property and
provide a fire break and erosion control. In regards to the second finding , the use would
not impair the integrity of the zone since the vineyard is compatible with the existing
single-family residential uses and is consistent with allowable uses in the zone. In
regards to finding three, the use would not be detrimental to public health safety or
general welfare as the conditions placed on the permit will mitigate potential impacts. In
regards to the final finding, the proposed use is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code as discussed within in
this report.
D. General Plan
The applicable goals and policies of the 2020 General Plan include but are not limited to:
• Policy CD-1.2 New structures, remodels, landscapes, and hardscapes shall be designed
to harmoniz e and blend with the scale and rhythm of the neighborhood and natural
features in the area.
• Policy C D-1.3 Buildings, landscapes, and hardscapes shall follow the natural contours
of the property.
• Policy CD-3.5 All landscaping shall be carefully reviewed to ensure that it is
aesthetically pleasing, compatible with its neighborhood and natural environment, and
water conserving.
• Policy CD-15 .5 Review all development proposals to ensure appropriate grading and
landscaping and minimal disruption of existing native plants and wildlife habitat.
Planning Commission Staff Report -Page 5
100 Clifton A venue/U-15-01 0
September 2 3,2015
E . Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15304: Minor
alterations of land .
PUBLIC COMMENTS:
At this time, the Town has not received any public comments regarding the proposed project.
CONCLUSION AND RECOMMENDATION:
A. Conclusion:
The proposed vineyard is an appropriate use and was placed in a location that did not
displace any trees or require any grading. Additionally, the use is compatible with the
existing single-family use on the site, provides a firebreak , and contributes to erosion
control. The proposal would not impact any surrounding properties and is consistent with
the allowance of agricultural uses in the hillside residential z one.
B. Recommendation:
Staff recommends that the Planning Commission approve the Conditional Use Permit
application. If the Planning Commission concurs with staffs recommendation, it should:
1. Find that the project is Categorically Exempt pursuant to the adopted Guidelines for
the Implementation of the California Environmental Quality Act, Section 15304:
Minor alterations of land (Exhibit 2);
2 . Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 2);
3. Make the required finding that the proposed vineyard is consistent with the Hillside
Development Standards & Guidelines and Hillside Specific Plan (Exhibit 2); and
4. Approve Conditional Use Permit application U-15-01 0 subject to the conditions
contained in Exhibit 3 .
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application .
Planning Commission Staff Report-Page 6
100 Clifton A venue/U -15-010
September 23, 2015
Prepared by:
Mami F. Moseley, AICP
Associate Planner
LRP:MFM:cg
Approved by:
Laurel R. Prevetti
Town Manager/ Community Development
Director
cc: Marc and Caroline Philippe, 100 Clifton Avenue, Los Gatos, CA 95032
N :\DEV\PC REPORTS\201 S\C iifio n -1 00-V inyard.docx
100 Clifton Avenue
EXHIBIT 1
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Intentionally
Left Blank
REQUIRED FINDINGS & CONSIDERATIONS FOR:
September 23 , 2015
100 Clifton A venue
Conditional Use Permit Application U-15-010
Requesting approval for a vineyard greater than 3,000 square feet on property zoned HR-5.
APN 510-47-025.
PROPERTY OWNER/APPLICANT: Marc and Caroline Philippe
FI NDINGS:
Required fmding for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of
the California Environmental Quality Act, Section 15303 : Minor alterations of land.
Required findings for a Conditional Use Permit:
• As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional
use permit when specifically authorized by the provisions of the Town Code if it finds that:
(1) The proposed use of the property is essential or desirable to the public convenience or welfare
in that the use will enhance the appearance of the property and provide a fire break and erosion
control ; and
(2) The proposed use will not impair the integrity and character of the zone in that the vineyard is
compatible with the existing single-family residential use and is consistent with allowable uses
in the zone; and
(3) The proposed use would not be detrimental to public health , safety or general welfare in that
the conditions placed on the permit would mitigate potential impacts ; and
(4) The proposed use is in harmony with the General Plan and purposes of the Town Code as
discussed within the staff report.
Required compliance with the Hillside Development Standards & Guidelines:
• The project complies with the Hillside Development Standards & Guidelines (HDS&G) in that the
vineyard will not require any grading or the removal of any trees, which is consistent with th e goals
and objectives of the HDS&G.
Required compliance with the Hillside Specific Plan:
• The project complies with the Hillside Specific Plan in that a vineyard is compatible with the
existing single-family use on the property and is consistent with the development criteria and the
purposes and intent of the plan .
N:\DE V\FI NDINGS\20 15\Ciifton-100-vin yard .DOC X
EXHiBIT 2
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Left Blank
CONDITIONS OF APPROVAL-September 23, 2015
100 Clifton Avenue
Conditional Use Permit Application U-15-010
Requesting approval for a vineyard greater than 3,000 square feet on property zoned HR-
5. APN 510-47-025.
PROPERTY OWNER/APPLICANT: Marc and Caroline Philippe
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the approved plans. Any changes
or modifications to the approved plans shall be approved by the Community Development
Director or the Planning Commission depending on the scope of the change(s).
2. EXPIRATION OF APPROVAL: The Conditional Use Permit will expire two years from the
date of the approval pursuant to Section 29.20.320 of the Town Code, unless the appro val is
used prior to expiration.
3. OUTDOOR LIGHTING: Outdoor and landscape lighting shall be kept to a minimum, and
shall be down directed fixtures that will not reflect or encroach onto adjacent properties . The
outdoor lighting plan shall be reviewed during building plan check. Any changes to the
lighting plan shall be approved by the Planning Division prior to installation.
4. FENCING. Any fencing to be constructed on the site shall be in compliance with the
Hillside Development Standards & Guidelines.
5. 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 expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney.
N :\DEV\CON DITN S\20 15\Ciifton-1 00 -vinyard .docx
EXHlBIT 3
Marc and Caroline Philippe
1 00 Clifton A venue
Los Gatos, CA 95030
July 29, 2015
Town of Los Gatos
1 00 E. Main Street
Los Gatos, CA 95031
Att: Joel Paulson
Re: Conditional U se Permit, Vineyard
Dear Joel,
RECEIVED
AUG 0.3 2015
TO\NN OF LOS GATOS
PLANN ING DIVIS IO N
This letter serves as our request for approval of a Conditional U se Permit (CUP).
The project comprises the planting of0.162 acre or 7,060 sq. ft. of vineyard on a hillside
of a 5.45 acres or 237,810 sq.ft. property.
We purchased our property in April 2011 . Prior to purchasing it, we met with Suzanne
Davis, then Planner at the Town of Los Gatos and with Doug Harding from the Santa
Clara County Fire Department to inquire about what we needed to do to comply with the
town and the Fire Department to build a house at 100 Clifton A venue. We found out that
we had to build a new road, put in three 5,000 gallons water tank, install a fire hydrant,
provide access for two fire trucks passing in front of our house and a hammerhead for
turnaround.
We did geotechnical and civil surveys to ensure that indeed we would be allowed to build
a house according the Town of Los Gatos and the Fire Department requirements.
We hired Chris Spaulding as our architect and received a favorable report in December
20 11 for building a house·. We subsequently received approval to build under the
Architecture and Site Application S-11-092 on April24, 2012.
We hired David Fox as our landscape architect and submitted plans for landscaping
through him. When we decided to plant a vineyard on the hillside, we aske d whether we
needed permits for the vineyard and were told verbally by him and Suzanne Davis/ Avila
that we did not need any . We planted our vineyard in April2015.
There was no grading or ripping of the site, therefore no changes to the topography of the
property and no tree removal as can be seen from the photos from the Cannon Design
Group report dated December 19, 2011 and the attached photos recently taken. The
hillside then was mainly brush that needed to be trimmed 2 to 3 times p er y ear as
potential fire hazard.
.EXHIBIT 4
The use of the property does not impair the integrity and the character of the zone and is
not detrimental to public health, safety or general welfare; and the use of the property is
in harmony with the various elements or objectives of the General Plan and the purposes
of the Town Code.
We have hired Post & Trellis for the installation of our vineyard, which is on drip and
requires 10 times less water than lawn for young vines and even more for mature vines as
per the document attached. They only use organics pesticides (lime sulfur and stylet oil)
to suppress mildew. The vineyard will help the erosion of the hillside with their deep
roots and provide a fire hazard protection greater than the brush that used to be on the
hillside.
The site plan submitted shows the location of the vineyard for your review.
Thank you for your time and consideration.
If you have any questions or need additional information please contact us by email at
cpl7274@gmail.com or by phone at 408-209-2438 .
Regards, " (,_in
Marc and Caroline Philippe .l
List of Permits with the Town ofLos Gatos for 100 Clifton Avenue
(In chronological order)
Architectural and Site Application S-11-092 dated April 24, 2012
Grading and driveway/road improvements for single-family house (Phase 1) GR12-142
dated September 17,2012
Driveway/Road (Phase 1) B-12-0327 dated July 16, 2012
Grading and driveway/road improvements for single family house (Phase 2) GR12-313
dated April19, 2013
Rear backyard retaining walls and stairs B12-0807 dated Apri119, 2013
Cabana Building Permit B12-0678 dated Apri119, 2013
House BUilding Permit Bl2-0677 dated April22, 2013
Landscape and trellises site improvements BB-0884 dated March 5, 2014
. 7/28/2015 Gmail-Your vines' very low water usage
Marc Philippe <marc.philippe@gmail.com>
Your vines' very low water usage
Caroline Philippe <cp17274@gmail.com> Tue, Jul 28, 2015 at 5:02 PM
To: Marc Philippe <marc.philippe@gmail.com>
please print
----------Forwarded message ----------
From: David Page <david@lahondawinery.com>
Date: Thu, Apr 2, 2015 at 12:56 PM
Subject: Your vines' very low water usage
To:
Cc: Evan Bradish <evan@postandtrellis.com>, Colin McNany <colin@lahondawinery.com>
Hi there,
Given the interest in the drought and the restrictions being announced, here's some rules of thumb and context for
vine irrigation in case you're interested.
• The local rai n so far (8.5" in Dec, 2.7" since in Los Altos Hills) has soaked the ground locally even it it didn't
fill up the snowpack and reservoirs we see looking so forlorn in the media. Our plan for the vast majority of
vineyards is to start looking at if we need any irrigation in May and not before (one way we can tell is if the
new growth is longer than the tendrils rather than the other way round).
• We irrigate young vines (1-4 years) broadly between May flowering and September depending on the
season. Young vines require just 3-4 gallons/hours per week in total, from night-time watering of varying
frequency/length according to how old the vine is (the older the fewer but longer).
• We typically irrigate more mature vines twice, or more if the ground is very dry or if there is a 90-95+
degree heat spike. One burst of water during flowering if required, and one after harvest to let the vines
recover and set for winter dormancy. A generous estimate of mature vines is a max of 30 gallons per year
or 1 gallon per week for the season.
• Lawns need 1 0+ times more water than even young vines, and much more compared to mature vines,
about 62 gallons per 100 square feet per week. (see details * below)
• Other forms of landscaping' water requirements vary, but vines qualify as 'drought-tolerant' plants (see
details ** below). It's worth noting vines were first propagated in what is now the distinctly rocky Georgia
and Iran and are known for having a miraculously efficient root structure.
So you're actually helping the drought in two ways, by using drip irrigation (if only more farms did the same) and
by growing drought-resistant plants that require significantly less water than lawns and other forms of perpetually-
thirsty landscaping. In fact , Governor Brown's bill requires that
• Only drip irrigation systems are to be used for any potable water in new residential developments.
• 50 million square feet of lawns throughout the state be replaced with drought tolerant la~dscapi ng.
Beyond the water topic, bud-break has been very early, signalling a long gro~ing season where we don't expect
to have problems ripening the fruit even tough we have been out pruning and thinning very early. 2012, 2013 and
2014 were solid vintages of high quality fruit , may that continue along with the rain our state still needs.
As always let me know of any questions anytime,
Che·ers,
David & co
* Lawns require 1 inch per week sprayed, which is 0.62 gallons per square foot per week. http://www.
todayshomeowner.com/calculating-lawn-irrigation-costs/They also require this water for significantly more weeks
J /'}
712812015 Gmsil -Your vines' very low water us age
than vines at the beginning and end of the season , though we're ignoring that fact here to make as generous a
comparison as possible for the lawns. Per the above standard vine spacing requires 0.06 gallons per square foot
for the young vines and far less than that for mature ·vines.
** "Frequently the term "drought toleranr is thought of as being "dry or desert-like," but this is an inaccurate
description . Plants that are drought tolerant are just that-tolerant of drought conditions. They need not be limited
to cactus varieties or other dry climate plants; instead they include a wide selection of lush, green plants that are
attractive in any l andscape. Once established, these plants are able to withstand long periods of dryness without
deterioration , going several weeks between deep watering. When planting drought tolerant species of trees and
shrubs, it is necessary to water frequently and deeply. Once the plant has become established , it can thrive on far
less water than we a re accustomed to providing ."
David Page
General Manager
lahondawinery.com , postandtrellis.com, huntandheist.com
Cell -415 202 4428, Winery -650 366 4104
Click to Join our Email List for Tastin g Invitations
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December 19,2011
Ms. Suzanne Davis
Community Development Department
Town of Los Gatos
110 E. 1\-fain Street
P.O. Box 949
Los Gatos, CA 95031
RE: 100 Clifton Avenue .
Dear Suzanne:
ARCHITECTURE ~ PLANNING URBAN DESIGN
. I reviewed the drawings for this proposed house and visited the site. My comments and recommendations are as fol-
lows:
Neighborhood Context
TI1e site is located at the top of a hill, and accessed by a long and narrow driveway. The building site is currently clear
except for a limited number of specimen trees, and is surrounded on all sides by dense tree cover. Only the immediately
adjacent e."Cisting home to the east can view tile site, and iliat view is substantially limited by tile differential in grade and
tile intervening trees. Photos of the site and surrounding neighborhood are shown below.
700 LARKSPUR LANDING CIRCLE. SUITE 199. LARKSPUR. CA . 94939 TEL: 415.331.3795
(])(;PI AN@PAIRFII .NFT
View up the access drive
View north froni the site
View at top to building site (looking east)
View south at the building site
CANNON DESIGN GROUP
100 Clifton Avenue
D tsign Review Comments
December 19,2011 ·Page 2
Existing house at. the bottom of the access drive
View down to the adjacent ex isting house to the east
View west at the building site
700 LARKSPUR LANDING C IR CLE. SUITE 199 . LARKSPUR . CA. 94939
Issues and Recommendations
100 Clifton An,nue
Design Review Comments
December 19, 2011 Page 3
The proposed house is well designed with a variety in building heights, quality materials, and details consistent with its
architectural style. Its plan and building forms are designed to fit with the existing topography of the site, as shown on
the drawings of the proposed house below.
I have no concerns about the proposed house and no recommendations for changes.
Proposed Site Pl an
Proposed Fron t Elevation (Northeast)
·----
Proposed Side Right Elevation (Wes t)
c ____ __
-.....,
Perspective from entry driveway .
Suzanne, 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
(7)~(/f~
Larry Cannon AlCP
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE. SU ITE 199 . LARKSPUR . CA . 94939
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GRADING AND AUG 0i20lS 100 CLIFTON AVENUE
DRAINAGE PI.J'\NJN OF L s GJr9~ GATOS, CALIFORNIA
PLANNING !VISION
ClARA COUNTY APN: ~10-47-02~
LEA & BRAZE ENGt£ERINa INC. , ~
CIVIL ENGINEERS • LAND SURVEYORS
BAY AREA REGION SACRAMENTO REGION
24~ INDUSTRIAl PKWY WEST 3017 DOUGLAS BL W , I JOO
HA'I'II'ARO, CAUfOftHIA i4545 ROSE\ILLE, CA i5881
(P) (510) 887-4088 (P) (il6)968-1338
(F) (510) 887-3019 (F) (918)7i7-73CI3
WWW.LE ABRAZE.COM
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