Los Gatos City Council
March 4, 2025

ITEM NO. 10.

S:\PLANNING COMMISSION REPORTS\2025\02-12-2025\Item 3 - 50 Los Gatos-Saratoga Road\Exhibit 2 - Required Findings and Considerations.docx

1. Remaining sites identified in the Housing Element are adequate to meet the Town’s remaining RHNA for the planning period by income category.

Findings: The remaining capacity of the Housing Element sites are adequate to meet the Town’s remaining RHNA with approval of this project. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

2. Include a quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.

Findings: The remaining unmet need for the Town’s RHNA at each income level and the remaining capacity of the Housing Element is provided in the table below. The remaining capacity at each income level of the Housing Element is greater than the remaining unmet RHNA need at each income level. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

Remaining RHNA and Housing Element Capacity
Units by Income Category
Very Low Low Moderate Above
Moderate
Total
Remaining RHNA 537 294 310 695 1,836
Remaining Capacity of
Housing Element
608 335 349 817 2,109

CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the applicable considerations in review of an Architecture and Site application were all made in reviewing this project.

ITEM NO. 10.

PLANNING COMMISSION – February 12, 2025

CONDITIONS OF APPROVAL
50 Los Gatos-Saratoga Road
Architecture and Site Application S-23-042
Conditional Use Permit Application U-23-017
Subdivision Application M-23-009
Consider a Request for Approval to Demolish Existing Hotel Structures (Los Gatos Lodge), to Construct a Multi-Family Mixed-Use Residential Development (155 Units), a Conditional Use Permit for a Mixed-Use Development, a Condominium Vesting Tentative Map, Site improvements Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ.

APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183, Because the Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

Property Owner: Keet S. Nerhan
Applicant: SummerHill Homes, LLC
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:

Planning Division

1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on June 30, 2023, and these conditions of approval conform to those ordinances, policies, and standards. This application shall be completed in accordance with all of the 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: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. BELOW MARKET PRICE (BMP) UNIT: The developer shall provide 26 for sale BMP units (16 low income units and 10 moderate income units) to be sold at a price that is affordable to the target household income range, as required by the Town’s applicable BMP Program Guidelines and the applicable BMP Resolution. A deed restriction shall be recorded prior to the issuance of any building permits for residential units, stating that the BMP unit must be sold and maintained as a below market price unit pursuant to the Town’s BMP Ordinance and Guidelines.

4. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for residential units, the developer shall enter into an Affordable Housing Agreement with the Town for provision of the required BMP units and to facilitate their sale pursuant to the BMP EXHIBIT 3

ITEM NO. 10.

Program Guidelines and BMP Resolution in place at the time of building permit issuance.

5. PHASING OF THE CONSTRUCTION OF BMP UNITS: The BMP units shall be constructed and Certificate of Occupancies secured in proportion with or prior to the construction of the market rate units.

6. OUTDOOR LIGHTING: Prior to final inspection, 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 it can be demonstrated that they are needed for safety or security.

7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of Building and/or Grading Permits. Per Town Code Section

26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal permit prior to the removal of protected trees on private or Town property. The project developer shall abide by any tree replacement ratios and/or in-lieu payments, tree protection measures, and best management practices required by the tree removal permit and/or within an updated arborist report.

8. EXISTING TREES: 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.

9. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, the developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the Building Permit plans and completed prior to issuance of a building permit where applicable and shall remain through all phases of construction.

10. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed as shown on the Tree Protection Plan (Sheet T-5) of the approved plans prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

11. TREE STAKING: Prior to final inspection, all newly planted trees shall be double-staked using rubber tree ties.

12. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the 155th unit, all landscaping must be completed.

13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance (WELO), whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of Building and/or Grading Permits. This is a separate submittal from your Building Permit. A review deposit based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. A completed WELO Certificate of Completion Appendix C) is required prior to final inspection/certificate of occupancy.

14. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.

15. PEDESTRIAN ACCESS PATH: Prior to issuance of the Certificate of Occupancy for the 155th unit, the pedestrian access path connecting Los Gatos-Saratoga Road with Los Gatos High

ITEM NO. 10.

School shown along the west property line shall be completed.

16. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof mounted equipment shall be fully screened.

17. MONUMENT SIGN: The monument/neighborhood sign shown on Sheet L2.1 requires separate approval of a Sign Permit and a separate Building Permit.

18. WORKER ENVIRONMENTAL AWARENESS TRAINING: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, San Francisco dusky-footed woodrat, special-status bats, and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which disturbance activities will occur shall be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. A letter report documenting the completion of training shall be prepared and submitted to Town of Los Gatos, where it shall be kept on file.

19. SPECIAL-STATUS BAT SPECIES: The following measures shall be implemented to avoid loss of or harm to special-status bat species:
a. Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, approximately 14 days prior to tree removal or any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed.

Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked. b. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to Town of Los Gatos no more than 14 days prior to tree removal or any construction activities, where it shall be kept on file, and no further measures are required.
c. If special-status bat species or their roosting sites are found, the bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife.
d. The nursery season is typically from May 1 to October 1. If special-status bat species are found roosting outside of the nursery season, California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to California Department of Fish and Wildlife for written approval prior to project implementation.

A request to evict bats from a roost includes details for excluding bats from the roost

ITEM NO. 10.
site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost for special-status bat species is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.

20. PROTECTED NESTING BIRDS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the Town of Los Gatos and no further protective measures are required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the Town of Los Gatos.

ITEM NO. 10.

21. DUSKY-FOOTED WOODRATS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, this project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. a. PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction survey for San Francisco dusky-footed woodrat nests within 30 days of the start of work activities. If active woodrat nests are determined to be present in, or within 10 feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. b. AVOIDANCE. Active woodrat nests that are detected within the work area will be avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained between project activities and woodrat nests to avoid disturbance. In some situations, a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation (below) would represent a greater disturbance to the woodrats than the adjacent work activities.
c. NEST RELOCATION. If avoidance of active woodrat nests within and immediately adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will be relocated to suitable habitat as close to the project site as possible (ideally, within or immediately adjacent to the project site).

Relocation efforts will avoid the peak nesting season (February-July) to the maximum extent feasible. Prior to the start of construction activities, a qualified biologist will disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the construction area. Disturbance of the woodrat nest will be initiated no earlier than one hour before dusk to prevent the exposure of woodrats to diurnal predators. Subsequently, the biologist will dismantle and relocate the nest material by hand. During the deconstruction process, the biologist will attempt to assess if there are juveniles in the nest. If immobile juveniles are observed, the deconstruction process will be discontinued until a time when the biologist believes the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around the nest until the juveniles are mobile. The nest may be dismantled once the biologist has determined that adverse impacts on the juveniles would not occur.

22. PROTECTION OF OFFSITE WATERS/WETLANDS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, the applicant shall provide evidence that waterways adjacent to the project site through the use of best management practices for erosion control and vehicle/equipment fueling shall be protected. This shall include the installation of silt fencing between the project site and the adjacent drainage channel. The silt fencing shall prevent soil from washing off the project site into offsite waterways.

Potential fuel spills and leaks from construction vehicle/equipment fueling operations shall be prevented from entering the adjacent drainage channel. Designated fueling areas should be on a level grade and must be at least 50 feet from any waterway.

23. ENERGY CONSERVATION AND ENERGY EFFICIENCY:
a. The use of energy conservation techniques and technology in existing and proposed

ITEM NO. 10.
developments to improve energy conservation is encouraged. b. The use of renewable energy sources and alternative fuels is encouraged. c. Examine the feasibility of incorporating site layouts that allow for passive solar and heating and cooling.
d. Incorporate measures that reduce energy use through solar orientation by taking advantage of shade, prevailing winds, landscaping and sun screens. e. Use energy- and resource-efficient and ecologically sound designs, technologies, and building materials, as well as recycled materials to promote sustainability; f. Reductions in the use of nonrenewable resources in building construction, maintenance, and operations is encouraged.
g. Green roofs and common space for community gardens is encouraged. h. Achievement of third-party green building certification, such as the GreenPoint Rated program, LEED rating system, Living Building Challenge, or an equivalent is encouraged.

24. CULTURAL/ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: Prior to issuance of a tree removal, demolition, and/or grading permit for the project, a Secretary of the Interior-qualified archaeologist shall prepare a tribal cultural resources monitoring plan, in consultation with and approved by a culturally-affiliated Native American tribe(s). The plan shall be reviewed and approved by the Community Development Director. The plan shall include (but not be limited to) the following components:
a. Preconstruction training program for all construction and field workers involved in site disturbance: On-site personnel shall attend a mandatory pre-project training led by a Secretary of the Interior-qualified archaeologist and a Native American representative.

The training will occur prior to any ground disturbing activities and issuance of tree removal permits. The training will outline the general cultural sensitivity of the area and the procedures to follow in the event cultural materials and/or human remains are inadvertently discovered. The archaeologist will provide the following documentation to the Town of Los Gatos Planning Division: date (or dates) of the training, signatures of construction personnel at the training session(s), and materials used in the training. The applicant shall provide a copy of the contract to the Planning Division, prior to issuance of tree removal, demolition, Building, and/or Grading Permits.
b. Specifically, where monitoring will be conducted and under what circumstances, based on soil types, geology, distance to known sites, and other factors; c. Person(s) responsible for conducting monitoring activities, including a request to the culturally-affiliated Native American tribe(s) for a tribal monitor; d. Person(s) responsible for overseeing and directing the monitor; e. How the monitoring shall be conducted and the required format and content of monitoring reports;
f. Schedule for submittal of monitoring reports and person(s) responsible for review and approval of monitoring reports;
g. Protocol for notifications in case of encountering cultural resources, as well as methods of dealing with the encountered resources (e.g., collection, identification, curation);

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h. Methods to ensure security of cultural resources sites; i. Protocol for notifying local authorities (i.e. Sheriff, Police) should site looting or other illegal activities occur during construction.
j. During the course of the monitoring, the archaeologist may adjust the frequency— from continuous to intermittent—of the monitoring based on the conditions and professional judgment regarding the potential to impact resources. k. If tribal cultural materials are encountered, all soil-disturbing activities within 50 feet in all directions of the find shall cease until the resource is evaluated. The archaeologist shall immediately notify the lead agency of the encountered resource.

After making a reasonable effort to assess the identity, integrity, and significance of the encountered resource, in consultation with a culturally-affiliated Native American tribe(s), the archaeologist shall present the findings of this assessment to the Community Development Director. If the find is determined by the archaeologist to be potentially significant, the archaeologist, in consultation with the Community Development Director, a culturally-affiliated Native American tribe(s), and the developer, shall determine an appropriate treatment plan in accordance with CEQA Sections 20183.2 and 21084.3 and with CEQA Guidelines Section 15126.4(b)(3), to the extent applicable.

25. WATER CONSERVATION:
a. Landscaping and hardscaping shall be designed to minimize water usage and enhance water conservation.
b. The landscaping shall comply with the Bay-Friendly Landscaping Guidelines and the landscaping standards in the GreenPoint Rated Building Guidelines. c. Water-efficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls, shall be installed. d. The development shall meet all applicable wastewater treatment demands and Federal and State regulations.

26. BEST MANAGEMENT PRACTICES: The following measures shall be implemented during construction activities to reduce PM2.5 concentrations:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, with priority given to the use of recycled water for this activity when feasible.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes (as required by the Bay Area Air Quality Management District. Clear signage shall be provided for construction workers at all access points.

ITEM NO. 10.
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
h. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds on site exceed 20 mph.
i. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
j. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
k. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

27. GEOTECHNICAL REPORT AND SEISMIC DESIGN: Prior to issuance of Building and/or Grading Permits, preparation of a design level geotechnical report and implementation of seismic design features is required:
a. Site the development away from high risk geologic and seismic hazard zones or, if located in a high-risk zone, incorporate construction techniques or specialized technologies to reduce risk. Restrict new development and redevelopment based on the levels of risk and potential severity of geologic hazards. b. A geotechnical report prepared by a licensed engineering geologist and/or geotechnical engineer identifying all site geologic, seismic, and geotechnical engineering conditions and potential hazards and include appropriate design measures to mitigate potential fault ground rupture/deformation impacts to acceptable levels. The report shall specify construction methods to protect existing and future residences, from identified hazards.
c. A licensed geologic/geotechnical engineer shall complete the Town Geologic Hazards Checklist to demonstrate that potential hazards have been identified and that proposed structures, including grading cuts and fills, will be designed to resist potential earthquake effects.
d. Incorporate all engineering and design recommendations included in the 50 Los-Gatos Saratoga Road, California Preliminary Geotechnical Exploration (“geotechnical report”) prepared for the project by ENGEO Incorporated in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024.

28. EROSION CONTROL PLANS: Prior to issuance of Building and/or Grading Permits:
a. Provide an effective erosion control plan to minimize soil erosion. The erosion control plans shall be implemented prior to construction operations and maintained throughout the construction process.
b. Ensure that the grading of slopes and sites proposed for development will be minimized.
c. Implement bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground.

ITEM NO. 10.

29. CONSTRUCTION NOISE:
a. Construction activities shall comply with Section 16.20.035 of the Town Code. b. Construction activities shall not result in interior residential noise levels exceeding 45 dB.
c. Appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise, in order to reduce project construction noise and associated impacts.

30. CONSTRUCTION VIBRATION:
a. The use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration is prohibited.
b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration, identifies as sensitive to daytime vibration (FTA 2005).
c. Notify neighbors of scheduled construction activities that would generate vibration which would require standard conditions of approval to minimize exposure to construction vibration.

31. REUSABLE MATERIALS: All reusable materials from residential, commercial, and construction/renovation activities shall be recycled.

32. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

ITEM NO. 10.

33. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.

Building Division

34. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing structures. A separate Building Permit is required for the construction of each new detached structure.

35. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.

36. 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.

37. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.

38. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.

39. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application for the removal of each existing structure. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, submit the completed form to the Building Department with the Air District’s J# Certificate, PG&E verification, and site plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town.

40. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes. Clear signage shall be provided for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification of construction schedule to adjacent residential property owners and tenants at least one week prior to commencement of demolition and one week prior to commencement of grading with a request that all windows remain closed during demolition, site grading, excavation, and building construction activities in order to minimize exposure to NOx and PM10. The on-site field supervisor shall monitor construction emission levels within five feet of the property line of the adjacent

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residences for NOx and PM10 using the appropriate air quality and/or particulate monitor.

41. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation, and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.

42. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations.

43. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection.

This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations

44. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.

45. SITE ACCESSIBILITY: Prior to issuance of a certificate of occupancy for each unit, at least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones and public streets or sidewalks to the unit. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect all accessible buildings, facilities, elements and spaces that are on the same site.

46. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any required sanitary sewer backwater valve on the plans and provide its location. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.

47. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.

48. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.

49. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be

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part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.

50. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 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.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION PLANS

SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

51. THIRD-PARTY PLAN REVIEWER AND PUBLIC WORKS INSPECTOR – The Town will procure a third-party engineering firm to perform Plan Review and Inspection Services. Applicant shall provide a $50,000 initial deposit to the Town for these Services plus additional Town fees as necessary. This deposit is required at the time of the project building permit submittal. Once this deposit is received, the Town will select the consultant and initiate the plan review process. The Applicant’s deposit will be charged on a time and materials basis. A supplemental deposit will be required if the remaining deposit is expected to be exhausted prior to completion of the work. Permitted work will not be allowed to continue without available funds to complete required inspection services. Third-party consultant Services will be required for the duration of the construction and project closeout phases. .

52. STORM DRAINAGE FEE – The applicant shall pay Storm Drainage Fees for the future construction of drainage facilities serving new buildings, improvements, or structures to be constructed which substantially impair the perviousness of the surface of land. The estimated fee, based on the site area of 8.82 acres, is $45,908.10. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the Town Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the certificate of occupancy for each building.

53. TRAFFIC IMPACT FEES – The project is subject to the Town’s Traffic Impact Fee for the generation of an estimated 518 net new average daily trips based on the traffic study submitted by Hexagon Transportation Consultants dated October 7, 2024. The Town’s Fee Schedule in effect at the time of vesting indicates a fee of $1,104 per additional average daily trip. This results in an estimated total amount due of $571,872. Payment of all

ITEM NO. 10.

Impact Fees are required prior to the issuance of the certificate of occupancy for each building.

54. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189) - Per the Town’s Comprehensive Fee Schedule, the project is subject to the Town’s Construction Activities Mitigation Fee based on new buildings. The fee is $1.43 per square foot of new residential building area. The fee shall be calculated based on the square footage total for all units shown on the construction plans to the approval of the Town Engineer. Payment of this fee shall pe paid prior to issuance of the certificate of occupancy for each building

55. PERMITS REQUIRED BY OTHER AGENCIES – The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, Fish and Wildlife (1603), JARPA (The Bay Area Joint Aquatic Resources Permit Application), Regional Water Quality Control Board, Santa Clara County Roads and Airports, Valley Water, or Habitat Permit. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Public Works Department prior to issuance of any required Town permits. If the Town is required to be a party to the permit application and a fee is required, the applicant shall reimburse the Town for its cost. A copy of these permits shall be provided to the satisfaction of the Town Engineer prior to the issuance of the PPW permit.

56. CALTRANS PERMIT – Prior to the issuance of the first building permit, the applicant must submit evidence to the Public Works Department of approval by the State of California for the performance of any work within the State right of way. If the Town is required to be a party to the permit application and a fee is required, the applicant shall reimburse the Town for its cost. The Applicant is encouraged to contact the Caltrans permit office as soon as possible to learn what is required to obtain Caltrans approval and issuance of a State Encroachment Permit.

57. GRADING PERMIT – A grading permit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed. A grading permit will be issued prior to or concurrently with the Building Permit as approved by the Town Engineer. Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Prior to approval of the grading permit, the applicant shall provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, interim erosion and sedimentation control plan (if required), and final erosion and sedimentation control plan, in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town. (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public

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monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. Plan check fees are based on the scope of onsite work.

The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts. (2) Improvement of any existing grading or correction of any existing grading violation to comply with the standards of Chapter 12 of the Town Code. (3) Requirements for fencing or other protection of grading which would otherwise be hazardous. (4) Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes. (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels. (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced. (7) Temporary and permanent landscape plans.

58. ENCROACHMENT PERMITS, BONDS, AND INSURANCE – The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the Town's right of way. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No permanent structures are permitted within the Town right-of-way, or within any easement unless otherwise approved by the Town Engineer. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards, subject to approved waivers or reductions of development standards. The applicant shall have street improvement plans prepared for all work in the public right of way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any altered work. The project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.

Prior to issuance of the encroachment permit, the applicant shall submit any applicable temporary traffic control plans inclusive of all modes of travel for any lane or sidewalk closures. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control

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Devices (MUTCD), and standard construction practices.

Final construction plans and specifications shall be approved by the Town Engineer and released for construction prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for Town review and approval. Applicant shall provide the pothole result to the Town Engineer prior to final design.

New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense.

Right-of-way improvements shall include, at a minimum, the following items:
a. STREET MARKINGS - The applicant shall install necessary street markings of a material and design approved by the Town Engineer. These include but are not limited to all pavement markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. b. SIDEWALK IMPROVEMENTS - The applicant shall construct 8’ wide sidewalk along the Saratoga-Los Gatos Road project frontage between the Caltrans interchange and the Bella Vista Avenue overcrossing. The improvements shall be designed and shown on the project off-site construction plans to the approval of the Town Engineer. Sidewalk improvements shall be constructed prior to issuance of the occupancy certificate for the 101st unit. In-lieu of the sidewalk design and construction, the Town Engineer may accept an offer of payment in lieu of the construction of the improvements. The sidewalk in-lieu payment shall then be used to pay for future sidewalk improvements, or other related multi-mobility enhancements, in the vicinity of the project. The estimated value of the sidewalk improvements has been provided by the developer and approve by the Town Engineer with a value of $245,000. Should the Town decide to pursue the payment option in-lieu of the sidewalk construction, payment in-lieu of sidewalk construction shall be paid prior to the issuance of the occupancy certificate for the 101st unit.
c. CURB RAMP(S) - The applicant shall construct all ADA curb ramps at the project intersection of Alberto Way at Saratoga-Los Gatos Road to accommodate pedestrian traffic to allow for crossing along the east side of the intersection and to access the sidewalk on the northside of Los Gatos-Saratoga Rd in accordance with the latest Caltrans State Standard Drawings and to the approval of the Town Engineer. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the Town Engineer. These six (6) curb ramps shall be constructed prior to occupancy of the first building. Ramps on the north side of Los Gatos-Saratoga Road will be required so long as their construction does not require significant signal modifications to the approval of the Town Engineer.

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d. SEWER CLEAN-OUT - The applicant shall install the sewer lateral clean-out at the property line in accordance with the West Valley Sanitation District standards. Sewer clean-out(s) shall be constructed prior to occupancy of the first building. e. MULTI-USE PATHWAY – The applicant shall construct a multi-use pathway along the western portion of the property between the Alberto Way intersection and the Los Gatos High School boundary in the location as shown on the approved plans. The pathway shall provide 12’ clear width and include a 10’ wide paved section along its entirety and include, at a minimum, an egress point at the southern terminus to allow users to exit the trail when the school has closed its access point. The pathway shall be designed and constructed to withstand the weight of maintenance vehicles (10,000 lbs.). The terminus of the pathway at the southern end shall provide access to the shared property line between the development site and Los Gatos High School as shown on the approved plans. There shall not be a condition where users of the pathway are trapped at the southern end without any egress options. If the applicant wishes to install a fence between the development area and the pathway, an egress point shall be provided as shown on the approved plans. The multi-use pathway shall be completed prior to the issuance of the certificate of occupancy for the units in Buildings 1 through 4. The applicant shall enter into a Multi-use Pathway Maintenance Agreement with the Town to maintain in perpetuity the pathway in a safe and useable condition as determined by the Town Engineer. The agreement shall be recorded prior to the certificate of occupancy of for the units in Buildings 1 through 4. Language to ensure adherence to the Multi-use Pathway Maintenance Agreement shall be incorporated into the project’s CC&Rs.

59. PARKING AREAS – The applicant shall submit plans for all required off street parking areas showing proper grading, drainage, ramps profile, and parking dimensions in conformance with Town parking standards, subject to approved waivers or reductions of development standards. The plans shall be approved by the Town Engineer prior to the issuance of the first building permit.

60. PARKING AREA DRAINAGE – Parking areas and other impervious areas shall be designed to drain stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact Development (LID) treatment devices that can be integrated into required landscaping areas and traffic islands prior to discharge into the storm drain system and/or public right-of-way. The applicant shall pave the streets and alleys to meet Santa Clara County Fire Department requirements and be structurally appropriate for the location.

61. BICYCLE PARKING – The applicant shall provide both long-term bicycle storage and shortterm bicycle racks on-site, as shown on the approved site plan, to the approval of the Town Engineer.

62. TREE REMOVAL PERMIT – The applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. An arborist report may be required by the Town Arborist prior to the removal of any tree. The Town shall allow removal of all trees as shown on the approved plans and as approved by the Arborist report.

63. PHASED PERMITS – The applicant may, with the approval of the Town Engineer, phase

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construction permits to expedite the construction process. If this is done, each phase of the work will require a separate and complete set of plans to be submitted, reviewed, and approved prior to the issuance of the said permit. Overlapping of permits may occur, if approved by the Town Engineer. No work on the next phase of construction, in advance of the permitted work may occur. No “at risk” work will be permitted. Phased work may include the following unless approved by the Town Engineer:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off-Site Improvements
Plans shall be submitted, reviewed, and approved by the Town Engineer prior to the commencement of work.

64. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Grading Permit Plans and Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. All improvements shall be designed and constructed in accordance with applicable Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.

Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include, at a minimum:
a. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type. b. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
c. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented. d. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed

ITEM NO. 10.
public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed.
e. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless otherwise approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing the full-width of the adjacent right-of-way. The plan shall show the average maintained horizontal illumination in foot-candles and the average to minimum uniformity ratio. Lighting shall be in compliance with the Town’s Standard Specification section 2.38.
h. The signal head alignment on the northern side of the intersection shall align with the outbound travel lanes from the development to the approval of the Town Engineer. If modifications to the signals are needed, a Traffic Signal Plan shall include a conduit schedule, conduit plan, pole locations, streetlights, intersection striping, power connection, and meter locations.
i. A Landscaping Plan for the project site and the full width of the public right-of-ways adjacent to the project. The plans shall clearly identify public and private utilities and points of demarcation between the two.
j. A Composite Plan showing civil, landscape, electrical, and joint trench locations combined on one drawing to identify potential conflicts between disciplines. The Composite Plan shall include the size, location, and details of all trenches, locations of building utility service stubs and meters, and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground except transformers and any other equipment required by the utility provider to be placed above ground, as shown on the approved plans). A note shall be placed on the joint trench composite plans which states that the plan agrees with applicable Town Codes and Standards and that no underground utility conflict exists. k. General Notes found in the Town of Los Gatos General Guidelines. l. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used
m. A statement that all utility boxes in vehicular pathways shall be traffic-rated.

65. STANDARD PLAN COMPLIANCE – The project shall comply with the Town’s Standard Plans to the approval of the Town Engineer, subject to approved waivers and reductions of development standards. Street improvements, all street sections, the design of all off-site storm drainage facilities shall be in accordance with applicable Town Standard Specifications and Standard Plans approved by the Town Engineer. Improvements

ITEM NO. 10.
deemed necessary by the Town Engineer shall be shown on the Improvement Plans.

66. EXISTING FACILITY PROTECTION AND REPAIR – All existing public utilities shall be either protected in place, relocated, or repaired. The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.

67. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the various utility regulations. Underground utility plans must be submitted to the Town and approved by the Town Engineer prior to installation.

68. UTILITY RESPONSIBILITIES – Storm sewer utilities in private areas shall be privately owned and privately maintained. The public storm sewer system is owned and maintained by the Town of Los Gatos. The water system in Los Gatos is owned and maintained by San José Water Company. The sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain.

69. UTILITY COMPANY COORDINATION – The applicant shall negotiate any necessary right-ofway or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the applicant shall submit “Will Serve” letters from PG&E, San Jose Water, West Valley Sanitation District, and either Comcast, Frontier, AT&T, or Verizon, as applicable, with a note indicating either a list of improvements that are necessary to serve the project, or a statement that there are no required improvements to the existing network. Early coordination with the utility companies is necessary to obtain this letter since a detailed review of the project demands will be necessary to confirm system capacity. Coordination of Town utilities shall be through the Town Engineer.

70. PREPARATION OF ELECTRICAL PLANS – All street lighting and traffic signal electrical plans shall be prepared by a California registered professional engineer experienced in preparing these types of plans. The Applicant shall submit necessary stamped and signed Traffic Signal Plan with the Improvement Plans.

71. EXTERIOR SITE LIGHTING STANDARDS – The applicant shall submit a photometric plan for on-site lighting showing lighting levels in compliance with the Town Standard Specifications section 2.38. The plan shall show the minimum maintained horizontal illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is applicable to all publicly-accessibly parking areas, driveways, and streets. Private spaces not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Town Engineer and shall be addressed on the construction plans submitted for the first building permit. Any subsequent building permits that include any site lighting shall also meet

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these requirements.

72. STORM DRAINAGE STUDY – The applicant shall submit a Storm Drainage Study for the development including pre- and post-development peak discharge rates for 2-, 10-year, and 100-year (50-percent, 10-percent, and 1-percent annual chance) storm events including supporting hydraulic calculations for proposed pipe sizing. The study must also address sizing computation and design details for stormwater quality systems proposed with the development. The study shall include an evaluation of the project site drainage including topography, natural drainage patterns, and existing man-made diversions (structures, raised pads, fences, etc.). The Applicant shall submit the study for review and approval by the Town Engineer. If the study indicates that the theoretical water surface elevation or hydraulic grade line of the proposed development during a 10-year storm event is above ground level at any point, the applicant will be required to mitigate the impact by modifying the existing utilities necessary to accommodate 120 percent of the projected 10-year storm event flow from existing and proposed development through the system. An evaluation indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year event. The Town Code requires that new structures not experience flooding within the livable space. The improvements shall be addressed on the construction drawings, to the approval of the Town Engineer, prior to the issuance of the first building permit.

73. STORMWATER MANAGEMENT PLAN – Prior to the issuance of any construction phase permit, the applicant shall submit and receive approval from the Town Engineer of a Storm Water Management Plan (“SWMP”). The SWMP shall comply with the California Water Board regulations and delineate site design measures, source control measures, low-impact-development (LID) treatment measures, hydromodification management measures, and construction site controls as appropriate. The Plan must indicate erosion protection measures for the inlet structures (e,g., pipe outlets, pump dissipator pipes, and/or bubblers). For the BAHM analysis, the applicant must provide additional information regarding the four pump stations’ pump operations and intended routing during various runoff conditions (i.e., treatment runoff vs. HM controls) and the rationale for the pump size selected relative to the treatment flow rate. The Applicant shall update the BAHM analysis to conform to project conditions to the satisfaction of the Town Engineer and include a summary of the changes made to the BAHM analysis since the entitlement plan review for review by the C3 consultant. The Applicant must select and indicate bioretention area plants capable of withstanding and surviving the higher design ponding conditions. If pumps continue to be proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable of treating, to avoid consistently overwhelming the bioretention areas. b. Submit sizing calculations and pump curves for the pumps in subsequent submittals.

This is required to ensure that they can handle the water quality design flow rate throughout the storm event.
c. The applicant must integrate an alarm system that will notify a 24-hour response

ITEM NO. 10.
service of any stormwater pump failure. Maintenance response service shall have a maximum 24-hour response time to address pump failures. Language must be included in the CC&Rs stipulating the HOA executes an agreement with a maintenance firm capable of responding within an hour of an alarm.

If off-site improvements modify the quantities of regulated and unregulated off-site impervious area, the Applicant must update Section 2, item “d” and Section 8 of the C.3 Data Form to reflect those changes.

The SWMP shall analyze the existing and final conditions inclusive of all proposed facilities and features. The plan must include accommodations for historic drainage traversing the parcel. The applicant must provide an updated C3 Data Form and supporting calculations outlining the designer’s approach to compliance with the current Municipal Regional Stormwater Permit. In the event that the building/grading permit plans differ significantly from the entitled plans, the Town Engineer may require a modification of the Planning approval prior to release of any building permit. The Applicant’s Stormwater Management Plan will be reviewed by the Town’s C3 consultant. A deposit was collected during the entitlement phase for work with the Town’s C3 consultant. Construction level documents will now be reviewed by the Town’s C3 consultant. The applicant will be required to make supplemental deposit(s) if the current deposit is exhausted or nearly exhausted.

74. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.

75. 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 using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.

76. CLEAN, INSPECT, AND REPAIR STORM LINE – If the project plans to connect to the public storm drainage system, the applicant is required to evaluate the conditions of the existing storm lines along the project frontage by videotaping and providing the result to the Town Engineer. The applicant shall clean and inspect (via remote TV camera) the storm line from the manhole upstream to the manhole downstream of the project area. The video inspection shall be done by a professional video inspection company, to Town standards, and be completed prior to building permit issuance. The video of the inspection shall be

ITEM NO. 10.
reviewed with the Department of Parks and Public Works and any cracked or broken sections of the line along the project frontage shall be repaired by the Applicant at their expense, to the approval of the Town Engineer. The required repairs shall appear on the Improvement Plans submitted by the applicant for permit plan check. All necessary repairs to the storm line shall be completed and approved prior to connection to the storm drainage system from the project site.

77. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.

78. SWPPP AND EROSION CONTROL – The applicant shall prepare and submit a comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The applicant shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the applicant is to implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The applicant shall provide the Town Engineer the assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent under the Construction Stormwater General Permit.

The erosion control plans and SWPPP shall be in compliance with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Link to website:
https://www.waterboards.ca.gov/rwqcb2/board_decisions/adopted_orders/2022/R2- 2022-0018.pdf
Monitoring for erosion and sediment control is required and shall be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by the Construction General Permit. The applicant must take measures to ensure continuous compliance with the Construction General Permit. All test submitted to the regional board must also be submitted to the Town Engineer. Any fees or penalties assessed against the Town in response to the applicant’s failure to comply with the Permit must be paid by the

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applicant.

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.

79. SITE TRIANGLE AND TRAFFIC VIEW AREA – Fencing, landscaping, and permanent structures shall be less than 3-feet in height or have a minimum vertical clearance of 7.5- feet if located within the driveway view area, traffic view area, or corner sight triangle.

The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.

80. GEOTECHNICAL ENGINEER REVIEW FOR GRADING – Prior to building permit issuance, the applicant’s Geotechnical Engineer shall submit a design level geotechnical report. The report will require a peer review by the Town’s geological and geotechnical consultant. A deposit for the peer review of this report has been paid during the entitlement review.

The Town will route the design level geotechnical report to the Town’s peer review consultant once the design level report is submitted. Once approved, the geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations.

The applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The applicant shall add this condition to the general notes on the grading plan.

81. GEOTECHNICAL ENGINEER OBSERVATION – All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The applicant shall add this condition to the general notes on the grading plan.

82. PRECONSTRUCTION MEETING – After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the applicant shall request a pre-construction meeting with the Parks and Public Works Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all

ITEM NO. 10.
times during construction.

83. FLOOR DRAINS – All floor drains shall be plumbed to connect to the sanitary sewer system only. Site design must facilitate drainage away from building floor drains.

84. GARBAGE/RECYCLE STORAGE AND SERVICE – The applicant shall provide an adequate area for storing garbage and recycling collection containers for scheduled servicing by the Town’s solid waste collection provider, as shown on the approved plans. The collection containers shall be brought to the service area on the day of service and returned to the storage enclosure by the property owner that same day. The containers are not to be in public view or in the public right-of-way prior to, or beyond the scheduled service times. A letter from West Valley Collection and Recycling confirming serviceability and site accessibility shall be provided to the Town Engineer for approval prior to the approval of the site plan for construction.

85. SITE LANDSCAPING COORDINATION – The site landscaping shall be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area may not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping added to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility but may pass under the stormwater treatment facilities as long as the sewer line is below the lowest point of the stormwater treatment facility and the sewer pipe does not contain any joints within the stormwater treatment area to the approval of the Town Engineer. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper.

86. TRAFFIC SIGNAL MODIFICATIONS – The Applicant shall modify the project driveway interface with Los Gatos-Saratoga Rd as needed to accommodate the final configuration of the driveway and frontage improvements. These modifications may include traffic signal modifications, lane configuration changes, and associated striping modifications. All designs shall be to the approval of Caltrans, as applicable, and the Town Engineer. Any required improvements shall be installed prior to the occupancy certificate of the first building. Any improvements within the Caltrans right of way shall be subject to approval by Caltrans.

87. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM) – Prior to issuance of the 101st certificate of occupancy, a detailed, sustainable, and measurable TDM program with accountability requirements to ensure the TDM measures are achieved shall be implemented by the developer. The TDM programs or facilities shall encourage transit use for all types of trips.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP, OR

IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME

88. DEDICATION OF EASEMENT – The applicant shall dedicate a 16-foot wide Public Access Easement (PAE) along the northwest side of the project, as shown on the vested Tentative Map to the Town for public use of the multi-use pathway. The Applicant shall also

ITEM NO. 10.
dedicate Emergency Vehicle Access Easements (“EVAE”), Private Storm Drian Easements (“PSDE”), Private Sanitary Sewer Easements (“PSSE”), Public Utility Easements (“PUE”), and Waterline Easements (“WLE”) as noted on the vesting Tentative Map. All easements shall be conveyed by on the Final Map and perfected with a grant deed documentation including plats and legals depicting the dedications. The applicant shall prepare the easement conveyance documents for review to the approval of the Town Engineer. The easement shall be recorded with the County of Santa Clara prior to the issuance of the building permit.

89. TEMPORARY CONSTRUCTION EASEMENT – Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

90. SUBDIVISION (FINAL) MAP – The applicant shall have a Final Map prepared by a person authorized to practice land surveying in California that delineates all parcels created or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the Subdivision Map Act. The Final Subdivision Map shall be approved by the Department of Parks and Public Works and recorded by the County Recorder’s Office prior to the issuance of the first building permit.

The Final Map shall be presented to the Town Council for review and action. The Town Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct and Improvement Plans with supporting documents, reports, and agreements are approved by the Town. Executed Final Map shall be recorded prior to the issuance of any grading or building permits. Existing buildings shall be demolished prior to the recordation of the map if they will conflict with any newly created lot line.

A map guarantee shall be submitted to the Town by the Applicant’s title company prior to release of the map to the title company for recordation. Prior to the Town’s release of the Subdivision (Final) Map to the title company, the applicant may, at the discretion of the Town Engineer, be required to submit to the Town an electronic copy of the map in the AutoCAD Version being used by the Town at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after Town approval.

91. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – The applicant shall enter as a contractor into an agreement with the Town per Town Code Section 24.40.020, Gov. Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100 percent of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, storm lines, street lights, and signal equipment.

Town Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the Town Council for approval with project Final Map.

The SIA shall be approved by the Town Council prior to approval of the final map.

92. MONUMENTS – The applicant shall arrange for the engineer to have all monuments set

ITEM NO. 10.
per the recorded final map. A certificate letter by the Surveyor or Engineer stating the monuments are set per plan shall be provided to the Town Engineer prior to occupancy.

93. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R) – The applicant shall prepare and submit draft project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the Town Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the Town. The CC&Rs shall be reviewed and approved prior to the Town Council approval of the final map.

94. PAYMENT OF WEST VALLEY SANITATION DISTRICT FEES – All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided to the Town Engineer prior to map recordation.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL

INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

95. RECORD DRAWINGS – The applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.

96. RESTORATION OF PUBLIC IMPROVEMENTS – The applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The applicant shall request a walkthrough with the PPW Inspector before the start of construction to verify existing conditions.

97. PAVEMENT RESTORATION – Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic the applicant shall grind and

ITEM NO. 10.
provide a 2” overlay with asphalt concrete on the south side of Los Gatos-Saratoga Road along the entire property length between the center median island and the property frontage. Prior to overlay, any base failure repair or required dig-outs identified by the PPW Inspector shall be completed. The Town Engineer shall approve and the applicant shall construct roadway repairs prior to the final certificate of occupancy. Prior to issuance of the grading permit, the applicant shall submit a pre-construction roadway report for the north side of Los Gatos-Saratoga Road along the project frontage. The report shall be prepared by a licensed civil engineer and identify any existing base failures or other deficiencies along the northside in the roadway. The applicant shall be responsible for damage identified to the roadway system resulting from the construction activities. Note that a Caltrans permit will be required for work within the Caltrans right-of-way, unless otherwise approved by the Town Engineer.

98. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT – The applicant shall execute and record a Stormwater Treatment Facilities Maintenance Agreement to ensure perpetual maintenance of the regulated project’s treatment facilities. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The Town-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by the Parks and Public Works Department upon request. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the Town shall have the authority to perform maintenance and/or repair work and to recover the costs from the property owner.
b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the Town.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with Town-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Management Facilities Maintenance Agreement. The applicant shall reimburse the Town for the cost of regular site inspections as required under the Municipal Regional Permit. e. Language to ensure adherence to the Stormwater Treatment Facilities Maintenance Agreement shall be incorporated into the project’s CC&Rs. f. This agreement shall be executed prior to occupancy of the first building.

99. STORMWATER MANAGEMENT FACILITIES INSPECTION – The Stormwater Management Facilities Maintenance Agreement shall require inspections be performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant’s QSD or QSP shall provide the Town weekly inspection reports to the approval of the Town Engineer.

ITEM NO. 10.
b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th.

Written records shall be kept of all inspections and shall include, at minimum, the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and vii. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, the Applicant must facilitate the testing of all stormwater facilities by a certified QSP or QSD to confirm the facilities are meeting the minimum design infiltration rate. All tests shall be made at on 20 ft x 20 ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the Town Engineer.
h. All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50 percent safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters.
100. DISPOSAL AREA STORMWATER DISCHARGE – New buildings, such as food service facilities and/or multi-family residential complexes or subdivisions, shall provide a covered or enclosed area for dumpsters and recycling containers. The area shall be designed to prevent water run-on to the area and runoff from the area. Areas around trash enclosures, recycling areas, and/or food compactor enclosures shall not discharge directly to the storm drain system. Any drains installed in or beneath dumpsters and compactors shall be connected to the sanitary sewer. Any drains installed in or beneath tallow bin

ITEM NO. 10.
areas serving food service facilities shall be connected to the sanitary sewer system with a grease removal device prior to discharging. The applicant shall contact the local permitting authority and/or West Valley Sanitation District for specific connection and discharge requirements.
101. LANDSCAPE MAINTENANCE AGREEMENT – The Applicant shall enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the Applicant agrees to maintain the vegetated areas along the project’s Los Gatos-Saratoga Road frontage located within the public right-of-way for which the Town is responsible for maintaining.

The agreement must be accepted by the Town Attorney and executed prior to the issuance of the final certificate of occupancy.

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE

CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A

CONDITION, AT THAT TIME
102. PUBLIC WORKS CONSTRUCTION ACTIVITIES – The Town shall be notified at least ten (10) working days prior to the start of any construction work, and at that time the contractor shall provide a project construction and phasing schedule and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with the Los Gatos-Saratoga Union High School District (LGSUHD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to LGSUHD to share with school parents.
a. The General Contractor shall always provide a qualified supervisor on the job site during construction.
b. All work shown on the improvement plans shall be inspected to the approval of the Town Engineer, as applicable. Uninspected work shall be removed as deemed appropriate by the Town Engineer.
c. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 8:00 a.m. and 6:00 p.m., Saturday 9:00 a.m. to 4:00 p.m. for general construction activities. No work shall be done on Sundays and on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m.

Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by the Parks and Public Works Department. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the Town Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Building Department to obtain a sample Town

ITEM NO. 10.

Standard sign outlining hours of operation.
d. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the Town Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the Town Engineer.
iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
iv. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity. vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
vii. The Town Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
viii. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
e. All construction activities 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. f. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
ii. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. iii. 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.

ITEM NO. 10.
iv. 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 times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to ensure proper control of blowing dust for the duration of the project. v. Watering on public streets and wash down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, 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 late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San Jose Water Company.
vi. 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 Construction Inspector.
vii. Construction grading activity shall be discontinued in wind conditions in excess of 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
viii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if tracked into the public right-of-way, or the project may receive a stop work order. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains.
ix. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. x. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
xi. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the Town Engineer, for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. xii. During construction, the applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer.
xiii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer.

ITEM NO. 10.
103. HERITAGE TREE PROTECTION MEASURES – The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction.

All approved and installed Heritage Tree protection measures shall be installed prior to any site activities and maintained throughout the period of construction. The Project Arborist shall complete inspections on an as-needed basis during the construction period and shall submit a monthly report of findings in an email or letter to the Town Engineer and Town Planner assigned to this project.
104. PROJECT CLOSE-OUT – Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met and all improvements are complete. All work must be completed to the satisfaction of the Planning Director and Town Engineer Prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town.

Until such time as all improvements required are fully completed and accepted by Town, the applicant shall be responsible for the care, maintenance, and any damage to such improvements. Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
105. HOLIDAY CONSTRUCTION MORATORIUM – Due to concerns for business impacts during the holiday season (starting the week of Thanksgiving through January 1), there shall be no construction activities within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the Town Engineer.
106. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to Town of Los Gatos Standards to the approval of the Town Engineer. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project unless otherwise approved by the Town Engineer, shall be Hwy. 17 to Saratoga-Los Gatos Road to Alberto Way to site. A letter from the applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the

ITEM NO. 10.
issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. All storage and office trailers will be kept off the public right-of-way.

Tracking of dirt onto Town streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on site. Any job related dirt and/or debris that impacts the public right of way shall be removed immediately. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. Violation of such may be cause for suspension of work.
107. CONSTRUCTION WORKER PARKING – The applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§15.40.070).

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE

PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
108. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – Post construction storm water pollution prevention requirements shall include:
a. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by Town staff will be charged to the applicant at the Town’s adopted fully-loaded hourly rate.
b. Label new and redeveloped storm drain inlets with the phrase “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times.

ITEM NO. 10.
d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
109. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
110. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A08) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 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 existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 111. FIRE ALARM SYSTEM AND STANDPIPE: Fire alarm and standpipe requirement will be determined during building permit.
112. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: (As Noted on Sheet C.8) Provide public/private fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 2,625 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. No combustible shall occur prior to new hydrants installation.
113. REQUIRED FIRE FLOW: (Letter and hydraulic analysis received) The minimum require fireflow for this project is 2,625 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1]. 114. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C.8) The fire department connection (FDC) shall be installed at the street on the street address side of the building.

It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall

ITEM NO. 10.
be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard].
115. BUILDINGS AND FACILITIES ACCESS: (As Noted on Sheet C.8) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
116. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on Sheet C.8) Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 30 feet inside and 50 feet outside, and a maximum slope of 15 percent. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
117. TURNING RADIUS: (As Noted on Sheet C.8) The minimum inside turning radius is 30 feet and outside turning radius is 50 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. 118. REQUIRED SECONDARY FIRE DEPARTMENT ACCESS: The required secondary Emergency Vehicle Access (EVA) is shown at the south/west corner of the property, passing through the Los Gatos High School sports fields, and connecting to New York Ave. The Fire Marshal may approve an alternate location for the EVA if it meets SCCFD access road standards.

Construction of the EVA shall be completed prior to occupancy of the 101st unit; however, building permits may be issued for construction of all 155 units prior to construction of the EVA. The EVA shall be constructed to all SCCFD access road standards, including width (20 feet), loading capacity (75,000 lbs), and signage (identification & no parking). 119. GROUND LADDER ACCESS: (As Noted on Sheet L1.0) Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear.

Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9. Ladder access (one for each emergency egress window) of an all-weather supportive surface along with an approved access walkway leading from the fire apparatus access road to them, shall be provided. 120. FIRE LANES REQUIRED: (As Noted on Sheet C.8) The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. 121. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility 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

ITEM NO. 10.
requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 122. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction.

CFC Sec. 501.3, 501.4.
123. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency 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 width of 0.5 inch (12.7 mm). 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. CFC Sec. 505.1. 124. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
125. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]

ITEM NO. 10.

LOS GATOS BL

BELLA VISTA AV
NB HIGHWAY 17
SB HIGHWAY 17

WHITNEY AV

NEW YORK AV

LOS GATOS-SARATOGA RD

N CREEK TRAIL

CALDWELL AV

CHICAGO AV

WHEELER AV

PLEASANT ST

MAGGI CT

STACIA ST

ALBERTO WY
50 Los Gatos-Saratoga Road
0 0.125 0.25
Miles
°
EXHIBIT 4

ITEM NO. 10.

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ITEM NO. 10.

SummerHill Homes Townhome-Style Condominiums
50 Los Gatos-Saratoga Road
Project Description
SummerHill Homes proposes to redevelop a portion of an approximately 8.82-acre site on Los GatosSaratoga Road in Los Gatos with a new 155-unit for-sale townhome-style condominium community. The project will take advantage of the site’s convenient access to neighborhood shops and services in downtown Los Gatos. With attractive landscaping, outdoor amenities and architecture complementing the Town’s charm, SummerHill expects the project to be a great homeownership opportunity for people living or working in Los Gatos.

Location & Setting
The project site is located at 50 Los Gatos-Saratoga Road. The site is currently occupied by Los Gatos Lodge, a “garden hotel” built in the late 1950’s and early 1960’s. On-site operations consist of temporary lodging of hotel guests, meeting and event rooms, recreational areas, dining areas, routine facility maintenance, accessory office uses and a duplex dwelling unit for hotel staff. In addition to the buildings and other structures, the project site is improved with paved drives and parking areas, patios and walkways, a swimming pool and landscaped areas. The eastern edge of the site is wooded and steeply sloped. With the exception of the duplex dwelling unit, all existing structures and improvements will be removed for the project.

To the southwest, the site is bordered by Los Gatos High School. To the northwest and north, the site is bordered by Los Gatos-Saratoga Road and the Highway 17 interchange, with commercial uses and future residential development to the north. The areas to the east of the site are predominantly single-family residential neighborhoods. SummerHill plans to keep the wooded slope as a landscape buffer between the project and the immediate neighbors.

Project Overview
• SummerHill proposes to develop 155 new condominiums in 28 three-story townhome-style buildings, with attractive landscaping and common area amenities. • The project will offer a mix of two-, three- and four-bedroom floorplans, with an average living area of approximately 1,823 square feet.1 The two-bedroom floorplans will have approximately 1,527 square feet of living area. The three-bedroom floorplans will range from approximately 1,345 to 1,941 square feet of living area. Approximately half of the three-bedroom homes will have an attached two-car garage with a side-by-side configuration, and remainder will have an attached two-car garage with a tandem configuration. The four-bedroom floorplans will range 1 The square footages are calculated based on measuring to the outside face of stud consistent with industry practice. For reference, the architectural plans also include floor area measurements based on the Town Code.

EXHIBIT 5

ITEM NO. 10.

Project Description
SummerHill Homes Townhome-Style Condominiums at 50 Los Gatos-Saratoga Road -2-
2024-11-15
from approximately 1,988 to 2,260 square feet of living area. All of the two- and four-bedroom homes will have an attached two-car garage with a side-by-side configuration. • The architecture draws on Mission-style aesthetics, with arched porch elements, low-sloping hip and gable roofs with rounded roof tiles, metal accent details and railings. Window shapes and sizes are straightforward and create a rhythm for the elevations. Exterior materials include a high-quality mix of decorative tile accents at key window locations and porch openings. Color schemes have been thoughtfully developed to showcase the Mission-style architecture. • Vehicular circulation is provided through an entry drive from Los Gatos-Saratoga Road and onsite private alleys. The project will provide 330 off-street parking spaces. Each unit will have an attached private two-car garage — side-by-side garages for 124 of the units and tandem garages for 31 of the units. Guest parking will be provided in convenient locations around the site. Bike storage for residents will be provided in each garage, and sixteen bike racks will be provided for the convenience of guests. All of the units will have private decks or front patios. In addition, the project will feature approximately 17,700 square feet of community recreation spaces with landscaping and amenities.
• Approximately 30,000 square feet of wooded hillside located on the designated remainder parcel along the east side of the site will be reserved as open space. The designated remainder parcel will remain private and will not be developed as part of the project. 2 • SummerHill proposes to provide a new bicycle and pedestrian path on site to connect Los GatosSaratoga Road with the rear of the project site, adjacent to Los Gatos High School, subject to credit towards the project’s development impact fees. A gate at the rear of the site would provide access to the high school should the school district decide to provide access. While the new path would not provide a direct benefit to the project, it would provide a substantial benefit to the Los Gatos community by offering an additional route to the high school to alleviate the existing traffic congestion along Los Gatos Boulevard and E. Main Street during the morning peak traffic hours. The pathway will also include an emergency gate at the southern end to allow pedestrians to exit if needed.
• SummerHill proposes to provide an opportunity for a reciprocal emergency vehicle access route between the project site and Los Gatos High School, subject to the school district providing the necessary right of way interests, and subject to Government Code section 66462.5 and other applicable legal requirements. With the consent of the school district, the emergency access route would give the fire department a critically important secondary means of emergency access to the high school and would give the high school a secondary exit route for students during an emergency. SummerHill and the school district have entered into an agreement to further contract for the construction of an emergency vehicle access route and reciprocal emergency access and expect to present the further contracts to the school district’s Board of 2 SummerHill does not propose to record a conservation easement or other development restriction on the remainder parcel.

ITEM NO. 10.

Project Description
SummerHill Homes Townhome-Style Condominiums at 50 Los Gatos-Saratoga Road -3-
2024-11-15
Trustees for final approval in December 2024. If, however, SummerHill and the school district are not able to finalize the terms regarding an emergency vehicle access route and reciprocal emergency access, SummerHill will provide a secondary connection to Los Gatos-Saratoga Road for emergency access to the project.
• SummerHill proposes to provide 26 units at below market rate pricing. 16 homes will be made affordable for Low income households and 10 homes will be made affordable to Moderate income households, in accordance with the Town’s Below Market Price Housing Program Guidelines.

Requested Approvals
The site is designated Mixed Use Commercial in the Land Use Element of the 2020 General Plan and is zoned Highway Commercial (CH). The site is identified as a Housing Inventory Site in the 2023–2031 Housing Element adopted by the Town on June 4, 2024. The Mixed-Use Commercial designation allows residential use on the site in a mixed-use project, with up to 50 percent land coverage and a 35-foot height limit. The Highway Commercial District allows multifamily residential use (in a mixed-use project), subject to the approval of a conditional use permit.

SummerHill expects to request the following reviews and approvals for the project:
• Architecture and Site Approval
• Conditional Use Permit for residential use
• Concessions or incentives, waivers and reductions of parking requirements pursuant to the State Density Bonus Law
• Vesting Tentative Subdivision Map
• Tree Removal Permit
• CEQA review
Inclusionary Housing and State Density Bonus Law
SummerHill proposes to designate certain units as inclusionary units affordable to Low, Lower or Moderate Income households to comply with the Town’s Below Market Price (BMP) Program and to qualify for benefits under the State Density Bonus Law and other relevant provisions of the Government Code. By designating at least 10% of the units as inclusionary units affordable to Low Income households, the project qualifies for a density bonus, an incentive or concession, waivers or reductions of development standards and parking reductions under the State Density Bonus Law.

Consistent with the State Density Bonus Law, at this time, SummerHill expects to utilize the following, to the extent needed to comply with applicable, objective standards:
• A concession or waiver to eliminate the requirement to include a retail, office or other commercial mixed-use component in the project.
• A waiver or reduction of development standards to increase the height limit to approximately 40 feet, in order to accommodate a Mission-style architectural aesthetic with gabled and hipped roofs, consistent with the architectural styles of the nearby neighborhoods. SummerHill also

ITEM NO. 10.

Project Description
SummerHill Homes Townhome-Style Condominiums at 50 Los Gatos-Saratoga Road -4-
2024-11-15
requests the waiver to accommodate adjustments to adjacent grade or building materials during the preparation of construction drawings, grading and construction. • A waiver or reduction of development standards to reduce the minimum requirements for area and dimension for condominium private open space under section 29.10.065(a) of the Town Code.
• A waiver or reduction of development standards to reduce the number of short-term bicycle parking spaces required.
• A waiver or reduction of development standards to reduce the rear setback requirement. • A waiver or reduction of development standards to reduce the minimum width for private onsite alleys for purposes of vehicle backup. • A waiver or reduction of development standards to reduce or eliminate the additional thirdfloor setback. • A waiver or reduction of development standards to allow certain sections of retaining wall along the property line to run in a straight continuous direction for more than 50 feet. • A waiver or reduction in development standards to allow a fence or wall in the required setback area along the Highway 17 offramp and Los Gatos-Saratoga Road west of the entry to the project site.
• A waiver or reduction in development standards to allow partial screening of ground-level utility cabinets.
• A waiver or reduction in development standards to allow alternate architectural techniques to differentiate the base, middle and top of alley-facing façades. • A modification of vehicle parking standards to allow certain units to meet parking requirements by providing one standard space and one tandem space. Each home will have two attached, covered parking spaces. Additional parking will be provided for guests. • To the extent that the project as proposed exceeds the maximum density allowed by the General Plan and the Town’s Zoning Code, a density bonus to allow the development of 155 units.

SummerHill reserves the right to request additional waivers or reductions of development standards as the project is reviewed.

Vesting Tentative Subdivision Map
SummerHill will prepare a Vesting Tentative Subdivision Map and condominium plans to create separate parcels for the individual units and establish appropriate access, utility and service easements. Each building will be located on a separate lot and the common area will be divided into multiple parcels for the purpose of annexation into the homeowners association. Following approval of the Vesting Tentative Map, SummerHill will prepare a Final Map.

ITEM NO. 10.

Project Description
SummerHill Homes Townhome-Style Condominiums at 50 Los Gatos-Saratoga Road -5-
2024-11-15
CEQA
SummerHill anticipates that preliminary environmental review will confirm that the potential environmental impacts of the project were adequately evaluated in the Environmental Impact Report prepared and certified for the 2040 General Plan. SummerHill anticipates that the Town will prepare a CEQA checklist or addendum to confirm that no supplemental or subsequent EIR is required.

Design and Construction
The homes will be mapped as separate legal units pursuant to a condominium plan. The homes will be designed as R2-occupancy condominiums per the 2022 California Building Code with an NFPA 13 sprinkler system. Electric meters and telecommunications services will be grouped at the ends of each building, and service to the individual units will run through soffits in the garages of the units.

For the comfort of the residents, SummerHill will design the windows, doors and exterior wall assemblies to dampen noise and vibration from the nearby freeway. In addition, MERV 13 filtration will be installed on the air intake for the HVAC systems to enhance indoor air quality.

Community Amenities & Landscaping
Common areas within the community will be maintained by a professionally managed homeowners association. The homeowners association will be responsible for maintaining the common area landscaping, common area amenities, and private alleys.

No Displacement
The project will provide 155 new homes for the Town with no loss of existing housing. The Los Gatos Lodge limits guests to short-term stays, so there are no residents of the Lodge that will be displaced by the closure. SummerHill plans to retain the existing duplex located at 225 and 227 Bella Vista Avenue.

The duplex is not part of the proposed project.

Sustainability
The project will be constructed in compliance with the current California Green Building Standards Code (Title 24) and the Town of Los Gatos Energy Reach Code. In addition, SummerHill will install a solar energy system for each unit, and each unit will have a Level 2 EV-ready parking space.

Utilities, Public Services and Stormwater Management
• Domestic water service will connect to an existing San Jose Water Company water main in Los Gatos-Saratoga Road. Irrigation service for the common area landscaping will be provided through a separate meter. Service for on-site fire hydrants and the NFPA 13 fire sprinkler system will be provided through a separate connection to the water main. • Sanitary sewer service will be provided by a private on-site sanitary sewer system that connects to a West Valley Sanitary District sewer main in Los Gatos-Saratoga Road. • Stormwater will be treated on site as required to meet municipal stormwater permit requirements. Stormwater will be conveyed by gravity and pump to bioretention areas and

ITEM NO. 10.

Project Description
SummerHill Homes Townhome-Style Condominiums at 50 Los Gatos-Saratoga Road -6-
2024-11-15
other low impact development (LID) treatment measures before being discharged to existing public storm drains and swales that currently serve the site. Hydromodification measures will be used to detain project stormwater so that post-project flows are equal to or less than preproject flows. • New on-site electric, cable and telephone lines will be placed underground. Consistent with current utility company policy, transformers, cabinets and control boxes will be pad-mounted and screened with landscaping.
• Garbage and recycling service will be provided by West Valley Collection & Recycling. Each garage will include designated space for waste, compost, and recycling bins. Residents will place their bins at their garage apron for pickup.

ITEM NO. 10.
777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com December 15, 2023, revised November 15, 2024
Via Electronic Submittal
Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main St.

Los Gatos, CA 95030
RE: New Townhome-Style Condominium Community by SummerHill Homes 50 Los Gatos-Saratoga Road
Dear Mr. Paulson,
SummerHill Homes LLC respectfully submits this Letter of Justification in support of SummerHill’s development application for a new townhome-style condominium community at 50 Los Gatos-Saratoga Road.

Project Summary
SummerHill Homes proposes to redevelop a portion of an approximately 8.82-acre site at 50 Los Gatos-Saratoga Road in Los Gatos with a new 155-unit townhome-style condominium community.

The project will offer a variety of two-, three- and four-bedroom home plans, with an average living area of approximately 1,823 square feet.1 All of the homes will have private decks or front patios. In addition, the project will feature approximately 17,700 square feet of community recreation space.

For further details, please refer to the Project Description included with SummerHill’s development application.

Project Objectives
SummerHill’s primary objectives for the project are the following:
• Develop 155 new for-sale homes, with delivery to homebuyers beginning by 2027. • Develop three-story townhome-style condominiums to meet the demand for ownership housing with individual attached garages and individual private building entries. 1 The square footages are calculated based on measuring to the outside face of stud consistent with industry practice. For reference, the architectural plans also include floor area measurements based on the Town Code.

EXHIBIT 6

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com • Develop two-, three- and four-bedroom homes with an average living area of at least 1,823 square feet and average ceiling heights of at least 9 feet to meet the needs of families and other households and provide a comfortable and attractive living space. • Provide 26 units at below market rate pricing, with the remainder of the units provided at market rate pricing. Sixteen homes will be made affordable for Low income households and ten homes will be made affordable to Moderate income households, in accordance with the Town’s Below Market Price Housing Program Guidelines.
• Ensure that the project is financially feasible for SummerHill (as the developer currently in contract to purchase the project site).
• Ensure a cost-efficient design, including architecture and infrastructure improvements.

Requested Approvals
SummerHill respectfully requests Architecture and Site Approval, a Conditional Use Permit, benefits pursuant to the State Density Bonus Law and the Town’s Density Bonus ordinance, a tree removal permit, a Vesting Tentative Subdivision Map and CEQA review for the project.

SummerHill submitted an SB 330 Preliminary Application for the project on June 29, 2023, and the Town acknowledged receipt on July 6, 2023. Pursuant to section 65589.5 of the Government Code, the project is subject only to the ordinances, policies, and standards adopted and in effect when the Preliminary Application was submitted.

General Plan and Zoning Consistency
The proposed project is consistent with the applicable General Plan. The site is designated Mixed Use Commercial in the Land Use Element of the 2020 General Plan and is zoned Highway Commercial (CH).

The Mixed-Use Commercial designation allows residential use on the site in a mixed-use project, with a 35-foot height limit. The Highway Commercial District allows multifamily residential use (in a mixeduse project), subject to the approval of a conditional use permit, with up to 50 percent lot coverage.

The site is identified as a Housing Inventory Site in the 2023–2031 Housing Element adopted by the Town on June 4, 2024, and certified by the State Department of Housing and Community Development on July 10, 2024.

Architecture and Site Approval
SummerHill respectfully requests that the Town grant Architecture and Site Approval for the project.

The purpose of Architecture and Site Approval is to regulate the height, width, shape, proportion, siting, exterior construction and design of buildings to ensure that they are architecturally compatible with their surroundings.

Section 29.20.150 of the Town Code lists the matters that the Town must consider when reviewing applications for Architecture and Site Approval. Section 29.20.150 does not specify objective standards for residential projects, but SummerHill will work with Staff to provide information regarding the matters listed in section 29.20.150. Pursuant to Government Code section 65589.5,

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com SummerHill respectfully notes that the matters listed in section 29.20.150 may not serve as grounds to disapprove the project or condition approval in a manner that renders the project infeasible.

With respect to the matters listed in section 29.20.150, SummerHill notes the following:
• SummerHill has commissioned a traffic study to evaluate the potential effects of the project on roadways and intersections. Based on the results of the study, SummerHill will incorporate appropriate measures into the project to the extent needed to comply with the Town’s objective transportation standards. In addition, the project supports numerous policies set forth in the Mobility Element of the Town’s General Plan through the following features:
o Providing a public access easement for bicycle and pedestrian use to connect Los GatosSaratoga Boulevard to the boundary of Los Gatos High School, as shown on the plans. (Policies MOB-2.6, 2.7, 3.2.)
o Reusing the existing access point to the site rather than changing traffic patterns or introducing new curb cuts. (Policies MOB-8.3, 8.5.)
o Maintaining a single point of non-emergency access to the site and not creating a new cut-through route for vehicle traffic. (Policy MOB-9.2.) o Providing 20-foot wide alleys on site to discourage speeding vehicles. (Policies MOB-4.2,

4.4.)
o Providing two parking spaces for each residence plus parking spaces for guests. (Policy MOB-13.1.)
• The project will include a comprehensive landscape plan with trees, shrubs and other plants.

Landscaping, buildings and fencing will screen parking areas from off-site view. The landscape plan will be consistent with the Town of Los Gatos design standards, will complement the project architecture, will comply with the requirements of the California Model Water Efficient Landscaping Ordinance, and will use trees/shrubs approved by the Town. During construction, SummerHill will implement an erosion control plan to minimize dust and erosion. Trees will be removed only as needed to accommodate the project.
• With the concession, waivers and other benefits requested pursuant to the State Density Bonus Law, the site plan and the architecture are consistent with the Zoning Regulations and the Town’s Objective Design Standards. The townhome-style condominiums are oriented and located so that the project can continue to use the existing access point to the site, minimizing the impact on the surrounding neighborhood.
• Stormwater will be treated on site as required to meet municipal stormwater permit requirements. Stormwater will be conveyed by gravity and pump to bioretention areas and other low impact development (LID) treatment measures before being discharged to existing public storm drains and swales that currently serve the site. Hydromodification measures will be used to detain project stormwater, ensuring post project flows less than or equal to preproject flows.

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com • Consistent with the architectural quality and style of the Town, the architecture of the project draws on Mission-style aesthetics, with arched porch elements, low-sloping hip and gable roofs with rounded roof tiles, and metal accent details and railings. Exterior materials include a highquality mix of decorative tile accents at key window locations and porch openings. The color schemes have been selected to showcase the Mission-style architecture. • A photometric plan will be developed to ensure adequate lighting is provided throughout the site, and the proposed light fixtures will comply with the Town’s objective design standards. • Access throughout the site will comply with applicable provisions of the Americans with Disabilities Act.

Conditional Use Permit
SummerHill respectfully requests that the Town approve a Conditional Use Permit for the project to allow the development and occupation of the site for multi-family residential use (in a mixed-use project)2 as described in the Project Description. Pursuant to section 29.20.190 of the Town Code, the Town may approve a Conditional Use Permit if the proposed residential use of the site is essential or desirable to the public convenience or welfare, the proposed residential use will not impair the integrity and character of the zone, the proposed residential use will not be detrimental to public health, safety or general welfare, and the proposed residential use is in harmony with the elements or objectives of the applicable General Plan and the purposes of the Town’s Zoning Regulations. Section

29.20.190 does not specify objective standards for residential projects, but SummerHill will work with Staff to provide information regarding the matters listed in section 29.20.190. Pursuant to Government Code section 65589.5, SummerHill respectfully notes that the matters listed in section

29.20.190 may not serve as grounds to disapprove the project or condition approval in a manner that renders the project infeasible.

By designating the site as a Housing Inventory Site in the 2023–2031 Housing Element, the Town previously determined that the project site is suitable for residential use and that development of the site for residential use would assist the Town in meeting its Regional Housing Needs Allocation.

Therefore, the project is essential or desirable to the public convenience or welfare and in harmony with the elements or objectives of the applicable General Plan, and the project will not impair the integrity and character of the zone. Furthermore, with the incentive, waivers and other benefits requested pursuant to the State Density Bonus Law, the project is consistent with the applicable General Plan and with applicable Zoning Regulations and Objective Design Standards, and the project will not have any specific, adverse impact upon the public health or safety.

State Density Bonus
SummerHill proposes to designate certain units as inclusionary units affordable to Low, Lower or Moderate Income households to comply with the Town’s Below Market Price (BMP) Program and to qualify for benefits under the State Density Bonus Law and other relevant provisions of the 2 As discussed below, SummerHill is requesting a concession or incentive to allow the site to be developed without a mixed-use component.

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com Government Code. By designating at least 10% of the units as inclusionary units affordable to Low Income households, the project qualifies for a density bonus, an incentive or concession, waivers or reductions of development standards and parking reductions under the State Density Bonus Law. To the extent feasible, the BMP units will be provided proportionately in the same unit type mix and in each phase of occupancy as the market-rate units, and the units will be dispersed throughout the development.

Under the State Density Bonus Law, a developer may propose as a concession or incentive any modification of a zoning code requirement (not just a reduction of a site development standard) or any other regulatory incentive or concession that results in identifiable and actual cost reductions to provide for affordable housing costs.3 In addition, the California Department of Housing and Community Development (“HCD”) has advised that “[a] concession may be sought not only to modify or eliminate a development standard but also to modify ‘zoning code requirements’” and that there is no language in the Density Bonus Law that creates “a distinction between requirements associated with ‘land use’ and development standards.”4
In addition, under the State Density Bonus Law, a developer may propose unlimited waivers of development standards that have the effect of physically precluding construction of a qualifying project, as proposed by the developer, at the densities or with the concessions or incentives permitted by the Density Bonus Law. Development standards include site or construction conditions, including but not limited to height limitations, on-site open space requirements, bicycle storage requirements, minimum street or alley widths, and parking standards.

The State Density Bonus Law allows the Town to request “reasonable documentation” to establish eligibility for a requested waiver, but the only “reasonable documentation” that the Town may require is that the project qualifies for a density bonus.
5 Once a project qualifies for a density bonus, the law provides a developer with broad discretion to design projects with additional amenities even if doing so would conflict with local development standards.6 The Town may refuse the waiver only if the waiver or reduction would have a specific, adverse impact upon health, safety, or the physical environment, would have an adverse impact on a historic resource, or would be contrary to State or Federal law.7In this context, specific adverse impact “means a significant, quantifiable, direct, and 3 The Town’s Density Bonus Program Guidelines were adopted in 2012 in conjunction with Ordinance 2209 and do not appear to have been amended to be consistent with subsequent amendments to the State Density Bonus Law.

In particular, SummerHill respectfully notes that section III.D of the Guidelines is not consistent with current law because section III.D suggests that the requested incentive or concession must be “required” to provide for affordable ownership costs.
4 See HCD Letter of Technical Assistance to the City of Santa Ana (Apr. 27, 2023) at pp. 3-4, available at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/SantaAna-TA-04272023.pdf. 5 See HCD Notice of Violation to the City of Encinitas (Jan. 20, 2022) at p.3, available at https://www.hcd.ca.gov/community-development/housing-element/docs/sdiencinitas-nov-012022.pdf. 6 HCD Notice of Violation to the City of Encinitas (Jan. 20, 2022) at p.3. See also Bankers Hill 150 v. City of San Diego (2022) 74 Cal. App. 5th 755, 774–775.
7 Gov. Code § 65915, subd. (e)(1).

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”8 The State Density Bonus Law also provides a cap on the parking ratios that can be imposed on qualifying projects and allows developers to use tandem parking spaces to comply with parking requirements.

SummerHill believes that the proposed mix of 16 Low and 10 Moderate income BMP units complies with the Town’s BMP Program. If, however, the Town determines that the proposed mix of Low and Moderate income BMP units does not comply with the objective standards of the Town’s BMP Program, SummerHill respectfully requests a waiver or reduction of the Town’s BMP program to waive any applicable requirement to provide additional BMP units or modify the affordability level of the proposed BMP units.
9 Concession or Incentive to Eliminate Mixed-Use Requirement SummerHill respectfully requests a concession or incentive to allow the site to be developed without a mixed-use component.10 After consulting with commercial real estate brokers who are familiar with the local Los Gatos market, SummerHill has determined that dedicated retail, office or other commercial space on the project site as part of the project would not be able to generate revenue sufficient to cover the cost of land and construction. Therefore, development of dedicated retail, office or other commercial space would incur a loss for the project, and eliminating the dedicated retail, office or other commercial space would result in identifiable and actual cost reductions to provide for affordable housing costs.11 In addition, dedicated retail, office or other commercial space would displace proposed residential uses, which would reduce the number of BMP units and the project’s contribution towards meeting the Town’s Regional Housing Needs Allocation. Furthermore, reducing the number of BMP units would conflict with the Town’s obligation to affirmatively further fair housing.12
Waiver to Increase Allowable Building Height
SummerHill respectfully requests a waiver or reduction of development standards to increase the height limit from 35 feet to approximately 40 feet, in order to accommodate a Mission-style architectural aesthetic with low-sloping gabled and hipped roofs, consistent with the architectural 8 Gov. Code, §§ 65915, subd. (e)(1), 65589.5, subd. (d)(2). 9 Providing additional BMP units or modifying the affordability of the proposed BMP units would not be possible without increasing the total number of units or decreasing the number of market rate units, neither of which would be consistent with the project as proposed or with the project objectives. In addition, SummerHill respectfully notes that requiring additional BMP units or requiring that the pricing for BMP units be set for higher income levels would disincentivize the production of more deeply affordable units, which would conflict with the Town’s obligation to affirmatively further fair housing. 10 As provided in subdivision (d)(1) of Government Code section 65915, the Town must grant the concession unless the Town makes one of three specified findings in writing based on substantial evidence. The Town would bear the burden of proof for the denial of a requested concession. (Gov. Code § 65915, subd. (d)(4).) 11 See also HCD Letter of Technical Assistance to the City of Santa Ana (Apr. 27, 2023) at pp. 3-4. 12 See Gov. Code § 65583, subd. (c); Gov. Code § 8899.50.

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com styles of the nearby neighborhoods. It is not physically possible to include a Mission-style roof with hips and gables and comply with the 35-foot height limit without decreasing the number of floors or substantially reducing the ceiling heights, neither of which is consistent with the project as proposed and the project objectives. Increasing the height limit to approximately 40 feet would allow a Missionstyle roof with hips and gables without having a significant impact on the surrounding neighborhood or the public.

Waiver to Reduce Private Open Space
SummerHill respectfully requests a waiver or reduction of development standards to decrease the amount of private open space required for each unit and reduce the minimum dimension of private open space from 6 feet (or 10 feet at ground level) to 3 feet. Each unit will have a private deck or patio to use as private open space. However, it is not physically possible to provide 100 square feet of private open space for each unit (or 200 square feet at ground level) with a minimum dimension of 6 feet (or 10 feet at ground level) without substantially reducing the living area of the units or eliminating units, neither of which is consistent with the project as proposed or with the project objectives. Furthermore, eliminating units would reduce the number of BMP units provided by the project, which would conflict with the Town’s obligation to affirmatively further fair housing. SummerHill proposes to provide a patio or deck for each unit with a minimum dimension of 3 feet and a minimum area of approximately 32 square feet, with an overall average area of approximately 150 square feet per unit.

Waiver to Reduce Short-Term Bicycle Storage
SummerHill respectfully requests a waiver or reduction of development standards to decrease the number of short-term bicycle parking spaces from one space per unit to one space per ten units.

Section A.2 of the Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development requires one short-term bicycle parking space per unit. SummerHill will provide one short-term bicycle parking space per ten units. It is not physically possible to provide more than the proposed number of short-term bicycle spaces without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.

Waiver to Reduce Rear Setback
SummerHill respectfully requests a waiver or reduction of development standards to reduce the setback requirement along the shared property line with Los Gatos High School. Section 29.60.435 of the Town Code states that a rear setback of 20 feet plus 1 foot for each foot of building height over 20 feet is required for rear yards which abut a lot in a residential zone. Although Los Gatos High School is an institutional use, the high school property is in the R1:20 residential zone. It is not physically possible to comply with the rear setback requirement without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com Waiver to Reduce Alley Widths
SummerHill respectfully requests a waiver or reduction in development standards to reduce the minimum width of the private alleys to 20 feet. Sections 29.10.06702 and 29.10.06703 of the Town Code require a minimum right-of-way width of 56 feet for minor streets (24 feet for minor streets in hillside areas if parking is prohibited on both sides of the street) and a minimum width of 30 feet for alleys. Section 29.10.155 of the Town Code requires driveways which serve more than 25 parking spaces to be at least 22 feet wide if they provide both ingress and egress. (The term “driveway” is not defined in the Town’s zoning regulations.) Town Standard Plans ST‐262 and ST-263 show an aisle width of 25 feet for 90‐degree parking.

A Court and B Alley will be a minimum of 30 feet and 26 feet wide respectively. C Alley, D Alley and E Alley will be a minimum of 20 feet wide with standard 4-foot wide garage aprons, and parallel parking will be prohibited along both sides of the alleys. The proposed alley widths meet the requirements of the California Fire Code and local amendments. In addition, the proposed alley widths provide adequate space for vehicles to enter and exit all parking spaces for residents and guests. It is not physically possible to provide more than the proposed minimum width for the alleys without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives.

Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.

Waiver to Reduce Minimum Required Setbacks Above Second Floor SummerHill respectfully requests a waiver or reduction of development standards to reduce or eliminate the additional third-floor setback. Objective Design Standard B.1.2 requires floors above two stories to be set back by a minimum of five feet from the ground-floor façade. It is not physically possible to provide the additional setback without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.

Waiver to Increase Maximum Retaining Wall Length Without Breaks SummerHill respectfully requests a waiver or reduction of development standards to allow certain sections of retaining wall along the property line to run in a straight continuous direction for more than 50 feet without breaks, offsets, landscape pockets, or landscaping. Objective Design Standard A.10.2 states that retaining walls shall not run in a straight continuous direction for more than 50 feet without including both (a) a break, offset, or landscape pocket in the wall plane of at least three feet in length and two feet in depth; and (b) landscaping at a minimum height of three feet at the time of installation along a minimum of 60 percent of the total length of the retaining wall.

All of the proposed retaining walls would comply with Standard A.10.2, with the exception of a 153-foot long retaining wall located along the frontage of the Highway 17 offramp. It is not physically possible to provide a break, offset or landscape pocket in the wall or install landscaping along the wall, because the grade at the base of the wall is located off-site, and shifting the retaining wall on-site would create inaccessible landscape pockets and reduce the amount of space available for the proposed units, which

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com would cause a reduction in floor area or the number of units, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, reducing the total number of units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.

Waiver to Allow Fence or Wall in Setback Along Street Frontage SummerHill respectfully requests a waiver or reduction of development standards in order to allow a fence or wall within the required setback area facing the Highway 17 offramp and the section of Los Gatos-Saratoga Road west of the entry to the project site. Section 29.50.035 of the Town Code and Objective Design Standard A9.1 do not allow fences or walls within required setbacks along street frontages, except in limited situations. SummerHill proposes to install a 7-foot tall wood fence (6 feet of solid wood plus one foot of lattice) and an 8-foot tall wood fence (7 feet of solid wood plus one foot of lattice) within the required setbacks along the frontage of the Highway 17 offramp and the frontage of Los Gatos-Saratoga Road west of the entry to the project. The fences are physically necessary to provide privacy for the residents, safety for residents and the public while using the proposed bike and pedestrian path along the frontage, and reduction of noise from Highway 17, consistent with the project as proposed and the project objectives. It is not physically possible to provide the privacy, safety and quiet required for the project without the proposed fences.

Waiver to Allow Partial Screening of Ground-Level Utility Cabinets SummerHill respectfully requests a waiver or reduction of development standards to allow partial screening of ground-level utility cabinets. Objective Design Standard A.7.3 requires street-level views of ground-level utility cabinets to be screened from sight with landscape planting, fencing, or a wall.

SummerHill proposes to use a combination of fences and landscape planting to partially screen groundlevel utility cabinets from sight. However, due to public utility requirements for clear access and Town requirements for sight distance at intersections, it is not physically possible for the project to fully screen the utility cabinets without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s goal to affirmatively further fair housing.

Waiver to Allow Alternate Techniques to Differentiate the Base, Middle and Top of Alley-Facing Façades SummerHill respectfully requests a waiver or reduction of development standards to allow alternate techniques for differentiating between the base, middle and top of the alley-facing façades. Objective Design Standard B.4.1 requires that the project use at least two specified architectural techniques to differentiate the base, middle and top of each street-facing façade. The project complies with Standard B.4.1 with respect to all façades that face public streets. However, with respect to façades that face internal private alleys, the project uses different techniques to differentiate the base, middle and top of the façades. For example, the project uses variations in building mass that protrude or recess 18 inches from the façade, rather than 24 inches. While these alternate techniques meet the spirit of Standard B.4.1, it is not physically possible to fully comply with Standard B.4.1 with respect to the alley-facing façades without eliminating units or reducing floor area, which is not consistent with the project as

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.

Parking Reduction to Allow Tandem Parking
SummerHill respectfully requests that the Town allow SummerHill to use tandem parking spaces to meet the Town’s parking requirements. SummerHill proposes to use a tandem configuration for the attached two-car garage for 31 of the two-bedroom units, consistent with the State Density Bonus Law.

All other garages will have side-by-side configurations consistent with Town standards.

Further Waivers or Reductions of Development Standards
SummerHill reserves the right to request additional or different concessions or incentives, waivers or reductions of development standards or parking ratios as the project is reviewed.13 Density Bonus
To the extent that the project as proposed exceeds the maximum density allowed by the applicable General Plan and the Town’s Zoning Code, SummerHill respectfully requests a density bonus to allow the development of 155 units.

Vesting Tentative Subdivision Map
SummerHill respectfully requests that the Town approve a Vesting Tentative Subdivision Map for the project to create separate legal parcels for the residential units and the subdivision common areas and to establish appropriate access, utility and service easements. SummerHill will separately prepare and record a condominium plans to define exclusive use areas and areas of separate undivided interests for the individual units. Following approval of the Vesting Tentative Map, SummerHill will prepare a Final Map. The proposed Vesting Tentative Map complies with the design standards and improvement standards in chapter 24 of the Town Code.

CEQA
SummerHill anticipates that preliminary environmental review will confirm that the potential environmental impacts of the project were adequately evaluated in the Environmental Impact Report (EIR) prepared and certified for the 2040 General Plan. We anticipate that the Town, in conjunction with their CEQA consultant, will prepare a CEQA checklist or EIR addendum to confirm that no supplemental or subsequent EIR is required.
13 In particular, as noted above, if the Town determines that the proposed mix of Low and Moderate income BMP units does not comply with the Town’s BMP Program, SummerHill respectfully requests a waiver or reduction of the Town’s BMP program to waive any applicable requirement to provide additional BMP units or modify the affordability level of the proposed BMP units.

ITEM NO. 10.

Joel Paulson
December 15, 2023, revised November 15, 2024

777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com We look forward to working with the Town regarding the proposed project. Please let us know if you have any questions regarding this Letter of Justification.

Sincerely,
John Hickey
Vice President of Development
cc: Sean Mullin, Planning Manager
Kevin Ebrahimi, Senior Vice President of Development
Jared Brotman, Director of Development

ITEM NO. 10.

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ITEM NO. 10.

March 26, 2024
Mr. Sean Mullin
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 50 Los Gatos - Saratoga Road
Dear Sean:

NEIGHBORHOOD CONTEXT
The site is located in a secluded area immediately adjacent to Los Gatos-Saratoga Road, thr Highway 17 exit ramp, Los Gatos High School and the Bella Vista Avenue neighborhood. Photos of the site and surrounding neighborhood are shown on the following pages.

EXHIBIT 7

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 2

THE SITE
Site East Edge Hillside Site West Side Highway
Site South Side Sports Field Site North Side Los Gatos - Saratoga Road

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 3

PROPOSED PROJECT

PROPOSED SITE LAYOUT PLAN
TYPICAL 4 UNIT BUILDING TYPICAL 5 UNIT BUILDING
TYPICAL 6 UNIT BUILDING TYPICAL 7 UNIT BUILDING

TYPICAL BUILDING REAR ELEVATION TYPICAL BUILDING

SIDE ELEVATION

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 4

ISSUES AND CONCERNS
The proposed development plan may be permitted but is unlikely to result in a very livable neighborhood for its residents. Some of the issues include the following:

1. Building Coverage
The proposed number and disposition of residential units is a plan to maximize the number of units but would likely not result in a cohesive neighborhood equivalent to others in Los Gatos. The site itself is substantially separated from other development in the community and will need to rely on its own development for parking and open space. Some specific issues are suggested below.

2. Open Space, Pathways, and Pedestrian Linkages
The amount of usable common open space is quite limited for a neighborhood of this number of residents and desired quality. It is also not very family and child oriented. Most of the distributed open space is located in the walkways between structures and not suitable for any active uses. The two larger concentrated open spaces are devoted to bioswales which can be visually attractive for passive viewing but usually not suitable for any active uses. I did not find enough information in the application materials to understand the more detailed uses and landscaping proposed for these areas.

While the landscaped walkways leading to unit entries will likely be well landscaped, that is also primarily a visual rather than usable amenity - see photo example below of typical walkway for this type of development.

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 5
Pedestrian walkways along the entry walkways and passageways between buildings have the potential of being pleasant, continuous landscaped environments, but they are interrupted at the major western bioswale open space where residents must access the open space by walking along and across streets at awkward locations.

3. Guest Parking
There are only 20 guest parking spaces provided for 155 dwelling units which is one space for every eight units. The spaces are all located on the southern edge of the parcel, far away from the bulk of the homes and not aggregated into interconnected areas. Finding a guest parking space will be difficult and then pedestrian walks to many units would be quite long. The relative isolation of this parcel makes access to any meaningful off-site parking impossible.

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 6

4. Street Auto Court Frontages
The street frontages experienced by both residents and visitors alike will be dominated by long rows of unit parking garage doors with limited variety or landscaped relief - see illustrations below.

5. Architectural Repetition
The individual residential buildings are well designed with an identifiable architectural style and consistent detailing.

However, they are sited in rows of almost identical buildings with limited variety and color changes. While they are handsome individually, they may as a whole lend a barracks-like feeling and are unlikely to achieve the ambience of individual home identity that has been sought by the town in other multifamily residential developments. The lack of any building height variations contributes to the sameness of the buildings.

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 7

6. Edge Landscaping
The current site conditions include tall mature landscaping along its north, east and west edges. The southern edge includes some mature landscaping but it is not as complete as a screening buffer to the adjacent sports field as the other edges.

In many cases it is unclear as to what the future landscape edge conditions will be. The north and west edges of the development are especially important because these are major walkway entry points for all units along these edges.

Site East Edge Hillside Site West Side Highway
Site South Side Sports Field Site North Side Los Gatos - Saratoga Road Page 361 ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 8

RECOMMENDATIONS
Although the applicant has the ability, by virtue of new state laws encouraging increased housing development, to disregard normal requirements for projects of this type and scale, it would likely not be in their best interest to do so if they are not able to provide the on site amenities and environmental quality of other competing developments and meet the expectations of discerning Los Gatos home buyers.

The following recommendations illustrate some ways in which the applicant might consider changes to improve the development plans consistent with other past similar multifamily developments in nearby Bay Area cities.

1. Reduce the Amount of Building Coverage
The proposed three story building heights are appropriate for Los Gatos. However, the relative isolation of this site from nearby residential neighborhoods and the development flexibility provided by state law would allow some additional height on this site without adversely impacting the overall sense of community. One example of a recent San Mateo project is shown below where an additional floor has been added while designing the building to maintain a predominate three story height. The architectural style of this example is much different than proposed on this site, but a denser product type within the proposed architectural style is not out of the ordinary. An example of this is shown below in a project in Pasadena.

San Mateo Waters Technology Park four story example
Pasadena mixed height four story example

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 9

2. Refine the Uses and Design of the Open Spaces and Pathways.

The addition of some taller buildings, as suggested above, would allow more open space on the site to better suite the needs of families with children as well as provide greater social interaction opportunities for resident adults. In terms of location, one needs to recognize the requirements for the bioswale open space elements. However, if possible, other locations might be considered. Two are illustrated below.

The first would give it a more central location easily accessible to more units while the second would also be more centrally located while positioning it as a major focal point at the neighborhood entry, establishing a strong sense of shared community identity.

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 10
The smaller bioswale is illustrate in the applicant’s drawings package - see below.

However, the intended development of the larger bioswale is unclear. and should be clarified by the applicant. The basic components are shown on the drawings and are consistent with a normal bioswale Building on that engineering base, many other landscape and plan options are available. Some examples are shown below from minimal treatment to inclusion as part of a more fully developed park.

Bioswale development example 1
Bioswale development example 2 Bioswale development example 3: Park Bioswale minimal with adjacent passive area

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 11
If some additional open space area can be allotted within the development, there would be opportunities to create small combination active and passive recreational areas for families - one example is shown below.

3. Provide Additional Guest Parking
Providing additional guest parking that would be easily accessible to visitors would be highly desirable.

Multiple approaches could be considered. However, the best approach might be to widen the Street B width to include parallel parking and landscaping as shown on the diagram and Rivermark development photo example below.

To enhance this approach it would be desirable
to have the fronting buildings’ entries facing the
street,

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 12

4. Improve the Street Auto Court Frontages.

Having all street frontages lined with identical garage facades would not be a pleasant community environment. It is monotonous and falls well short of a community expectation that units will have some sense of individual identity. It is also not common for this type of development where units face long alleys parallel to
streets with unit entries (e.g., recent North Forty
development) or shorter auto courts perpendicular to
primary streets are the common plan approaches. Both
alternative approaches would be possible on this site but might require some taller buildings to maintain the
applicant’s proposed unit count. The adjacent illustration shows one approach to this.

If that approach is not acceptable to the applicant, some effort should be given to softening the repetition along these alley-streets. Some typical approach include:
• Adding more landscaping.
• Providing additional facade variety and offsets.
• Providing balconies along the alley ways.
• Providing larger facade offsets and emphasizing individual unit identities. • Varying the building heights.

See example photos below.

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 13

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 14

5. Add Architectural Variety and Improve End Elevations Currently all of the buildings have the same front, rear and side elevations composed in tight rows. Adding some more variety would be welcome. The applicant’s architect has done a good job on the structure prototype currently proposed so they should be able to easily adapt their plans to provide more variety.

Below are a few photo examples of a similar architectural style with increased facade and height variety.

ITEM NO. 10.
50 Los Gatos - Saratoga Road
Design Review Comments
March 26, 2024 Page 15
End Elevations
Currently, all end elevations are similar and uninteresting. The applicant should be encouraged to provide unit entries on the end elevations facing streets or at least provide more interesting facade articulation - see examples below. 6 Enhance the Edge Landscaping.

It is unclear from the drawings what the project edge conditions will be after development. The current edges have a great deal of mature landscaping that imparts a special character to the site. The engineering site edge sections below seem to show little potential for any significant retention or addition to that edge treatment. It would be desirable for the applicant to provide more information on the planned site edges - especially since they are immediately adjacent to many walkways leading to unit front door entries.

Sean, please let me know if you have any questions, or if here are any staff concerns that I did not address.

Sincerely,

CANNON DESIGN GROUP
Larry L. Cannon
Northern edge adjacent to Los Gatos-Saratoga Western edge adjacent to Highway 17 Southern edge adjacent to Los Gatos High School Easterly edge adjacent to hillside

ITEM NO. 10.

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ITEM NO. 10.

TO: SEAN MULLIN, Town of Los Gatos
LARRY CANNON, Cannon Design Group
DATE: June 6, 2024
RE: RESPONSE TO MARCH 26, 2024 CANNON DESIGN GROUP COMMENTS 50 Los Gatos-Saratoga Road
Architecture and Site Application S-23-042
Conditional Use Permit Application U-23-017
Subdivision Application M-23-009
SummerHill appreciates the feedback received from Cannon Design Group. Responses to Cannon’s recommendations are below (in blue italics) to the March 26, 2024 Cannon Design Group Comments of SummerHill’s development application for 50 Los Gatos-Saratoga Road.

RECOMMENDATIONS
Although the applicant has the ability, by virtue of new state laws encouraging increased housing development, to disregard normal requirements for projects of this type and scale, it would likely not be in their best interest to do so if they are not able to provide the on site amenities and environmental quality of other competing developments and meet the expectations of discerning Los Gatos home buyers.

The following recommendations illustrate some ways in which the applicant might consider changes to improve the development plans consistent with other past similar multifamily developments in nearby Bay Area cities.

1. Reduce the Amount of Building Coverage
The proposed three story building heights are appropriate for Los Gatos. However, the relative isolation of this site from nearby residential neighborhoods and the development flexibility provided by state law would allow some additional height on this site without adversely impacting the overall sense of community. One example of a recent San Mateo project is shown below where an additional floor has been added while designing the building to maintain a predominate three story height. The architectural style of this example is much different than proposed on this site, but a denser product type within the proposed architectural style is not out of the ordinary. An example of this is shown below in a project in Pasadena.

SummerHill 6/6/2024 response: Thank you for your comment. However, based on extensive experience with other recent projects in the Bay Area, SummerHill believes that the proposed project provides the best balance to meet homebuyer demand in this location. SummerHill evaluated a number of different programming options for the site, ranging from single-family EXHIBIT 8

ITEM NO. 10.

Response to March 26, 2024 Cannon Design Group Comments to Development Plans June 6, 2024

detached homes to multi-story podium-style buildings. SummerHill concluded that three-story townhome-style condominiums would generate more demand in the market while still being feasible to approve, finance and build.

2. Refine the Uses and Design of the Open Spaces and Pathways The addition of some taller buildings, as suggested above, would allow more open space on the site to better suite the needs of families with children as well as provide greater social interaction opportunities for resident adults. In terms of location, one needs to recognize the requirements for the bioswale open space elements. However, if possible, other locations might be considered. Two are illustrated below. The first would give it a more central location easily accessible to more units while the second would also be more centrally located while positioning it as a major focal point at the neighborhood entry, establishing a strong sense of shared community identity.

The smaller bioswale is illustrate in the applicant’s drawings package - see below.

However, the intended development of the larger bioswale is unclear. and should be clarified by the applicant. The basic components are shown on the drawings and are consistent with a normal bioswale Building on that engineering base, many other landscape and plan options are available. Some examples are shown below from minimal treatment to inclusion as part of a more fully developed park.

If some additional open space area can be allotted within the development, there would be opportunities to create small combination active and passive recreational areas for families - one example is shown below.

SummerHill 6/6/2024 response: Thank you for your comment. However, increasing the height of the buildings to four stories would not significantly increase the amount of open space. Each unit requires, at the ground level, a two-car garage, an entry area and a staircase, at a minimum. The proposed floor plans are very efficient, keeping the ground-level footprint to the minimum needed to meet homebuyer requirements. Increasing the height of the buildings to four stories would not significantly reduce the minimum size for the two-car garage, the entry area or the staircase, and therefore would not significantly increase the amount of open space.

As the Consulting Architect acknowledges, the stormwater treatment requirements for development projects pose a substantial challenge for site design. The proposed open space and stormwater treatment locations were selected to optimize the site layout within the constraints of the grade and slope of the site and the connection points to public storm drains.

SummerHill will continue to look for opportunities to increase the value of the open space for the residents.

ITEM NO. 10.

Response to March 26, 2024 Cannon Design Group Comments to Development Plans June 6, 2024

3. Provide Additional Guest Parking
Providing additional guest parking that would be easily accessible to visitors would be highly desirable. Multiple approaches could be considered. However, the best approach might be to widen the Street B width to include parallel parking and landscaping as shown on the diagram and Rivermark development photo example below.

To enhance this approach it would be desirable to have the fronting buildings’ entries facing the street.

SummerHill 6/6/2024 response: The project is required to provide a minimum of 303 parking stalls per the Town Code, inclusive of the attached garages. However, SummerHill acknowledges the likely demand for guest parking. To meet the anticipated demand, the project will provide 35 parking stalls for guests, increasing the total number of parking spaces to 330.

The proposed number of parking spaces strikes a balance between the needs for guest parking and the demand for homes and open space. If B Alley were widened as suggested, it would result in reduction of units which would conflict with the project objectives and the Town’s need for housing.

4. Improve the Street Auto Court Frontages
Having all street frontages lined with identical garage facades would not be a pleasant community environment. It is monotonous and falls well short of a community expectation that units will have some sense of individual identity. It is also not common for this type of development where units face long alleys parallel to streets with unit entries (e.g., recent North Forty development) or shorter auto courts perpendicular to primary streets are the common plan approaches. Both alternative approaches would be possible on this site but might require some taller buildings to maintain the applicant’s proposed unit count. The adjacent illustration shows one approach to this.

SummerHill 6/6/2024 response: Based on extensive experience with similar projects, SummerHill believes that the combination of architectural details and landscaping will ensure that the interior paseos and the alleys will be attractive and pleasant for the residents. The homes are oriented to focus on the pedestrian experience, with front stoops and porches along landscaped paseos to encourage interaction. On the alley side, the intent is to minimize conflict between cars and pedestrians, while still creating a soft scene with landscape areas next to each garage with ornamental trees and a mix of trellises, pot shelves and other details to add life to the architecture.

If that approach is not acceptable to the applicant, some effort should be given to softening the repetition along these alley-streets. Some typical approach include:

ITEM NO. 10.

Response to March 26, 2024 Cannon Design Group Comments to Development Plans June 6, 2024

• Adding more landscaping.
• Providing additional facade variety and offsets.
• Providing balconies along the alley ways.
• Providing larger facade offsets and emphasizing individual unit identities. • Varying the building heights.

See example photos below.

SummerHill 6/6/2024 response: Thank you for your comment. While it may not have been clear given the scale of the drawings, there will be extensive landscaping along the alleys, with landscape areas next to each garage with ornamental trees. In addition, consistent with the Consulting Architect’s suggestion, SummerHill has revised the alley-facing façades to include the following enhancements:
• Added trellis elements at intervals above some of the garage doors at each building type. These trellises are supported on building popouts that now extend to the ground, providing added offset depth at the first floor level.
• Enhanced the visual quality of the building massing at the upper floors by narrowing some of the larger gable elements and adding more gable popouts to provide more variety and quantity to changes in wall planes along the length of the elevations. • At hipped-roof buildings, we added Juliet balconies, pot shelves, and belt trim at recessed window conditions. The color blocking of all building types has also been updated to enhance the variety of the elevations.
• At gable-roof buildings, the gables were refined, and pot shelves were added to a number of the windows. In addition, as with the hipped-roof buildings, the color blocking was updated to enhance the variety of these elevations. • At all building types, 2x12 cornice trim was added at the eave conditions (excepting gable ends) in order to add an extra layer of detail at the highest point of the exterior walls.

5. Add Architectural Variety and Improve End Elevations Currently all of the buildings have the same front, rear and side elevations composed in tight rows. Adding some more variety would be welcome. The applicant’s architect has done a good job on the structure prototype currently proposed so they should be able to easily adapt their plans to provide more variety. Below are a few photo examples of a similar architectural style with increased facade and height variety.

SummerHill 6/6/2024 response: As noted above, consistent with the Consulting Architect’s suggestion, the architecture has been revised to add more detail and differentiation.

ITEM NO. 10.

Response to March 26, 2024 Cannon Design Group Comments to Development Plans June 6, 2024

End Elevations
Currently, all end elevations are similar and uninteresting. The applicant should be encouraged to provide unit entries on the end elevations facing streets or at least provide more interesting facade articulation
- see examples below.

SummerHill 6/6/2024 response: The end elevations have been substantially enhanced by introducing recesses with ceramic tile surrounds and in some case wrought-iron recesses. Also, as mentioned above, the use of belt trims and enhanced color blocking has been expanded to further improve the visual quality of the end elevations throughout the site.

6. Enhance the Edge Landscaping
It is unclear from the drawings what the project edge conditions will be after development. The current edges have a great deal of mature landscaping that imparts a special character to the site. The engineering site edge sections below seem to show little potential for any significant retention or addition to that edge treatment. It would be desirable for the applicant to provide more information on the planned site edges - especially since they are immediately adjacent to many walkways leading to unit front door entries.

SummerHill 6/6/2024 response: Along the east side of the project site, SummerHill proposes to retain the hillside open space and the mature trees, which will maintain the current edge condition and the privacy and separation for the properties along Bella Vista Avenue. Along the west side of the site, there is a thick existing screen of trees and bushes located along the verge of the offramp from Highway 17. The trees and bushes are located off-site and will continue to provide screening. Similarly, along the edge of Los Gatos-Saratoga Road, there is a thick screen of trees and bushes that will remain. Along the south edge of the site, SummerHill will install a fence to separate the project site from the high school.

ITEM NO. 10.

This Page
Intentionally
Left Blank

ITEM NO. 10.

03/06/2024
*Revised 6/14/2024*
Licensed Arborist - William Smith
WE-13625A
Contact Information - (408) 722-8942
[email protected]
Arborist Report
Client: Live Oak Associates - Attention: Katrina Krakow Site: 50 Los Gatos-Saratoga Rd, Los Gatos CA
As per your request, Moki Smith Tree Specialists surveyed the site at 50 Los Gatos - Saratoga road CA, to identify and assess the trees greater than 6” in trunk diameter at breast height, located on the subject property. There are 330 trees included in this report, documented on the subject property or on adjacent property lots where the canopies extend into the subject property. Many of the trees on site are located around the perimeter and are often contacting the chainlink fence that sits on the property line. Most of the substantial trees listed are Eucalyptus trees, Coastal Live Oak trees, Deodar Cedar trees, or Liquid Ambar trees. The trees on the interior of the property are, for the most part, in fair to good condition. Of the 330 trees, 189 are considered protected trees by the Town of Los Gatos, under the size ordinance. There are 73 trees catalogued on the hill at the South, East side of the property. The majority of the hillside trees are Coastal Live Oaks that range from poor to good condition.

Please feel free to call for further clarification.

Respectfully submitted,
Moki Smith

ITEM NO. 10.

Table of Contents
Introduction ————————————————————————Page 1
Tree Inventory table—————————————————————Page 3
Tree Assessments and Pictures—————————————————Page 19
Site Map —————————————————————————-Page 180
Protected Tree Ordinance ———————————————————Page 181
Tree Protection Measures———————————————————Page 182
City Ordinances———————————————————————Page 183
Arborist Report Addendum ——————————————————-Page 188
Addendum Tree Inventory ——————————————————-Page 189
Addendum Tree Assessments and Pictures————————————-Page 194 Addendum Site Mape ————————————————————-Page 229
Tree Survey
We surveyed for all trees 6” or larger, however to meet the requirements of the Tree Ordinance of protected trees, an an addendum has been included to provide the information of the trees with a D.B.H. of 4”-6”. The addendum begins on page 189.

Protected trees in the above table are designated referencing Sec. 29.10.0960 Scope of protected trees, of the city ordinance for Los Gatos.

Refer to line 7
“…All trees, which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk and are located on property other than developed residential property.”

ITEM NO. 10.

Tree
Tag
ID
Common Name Species D.B.H.
(Inches)
Height
(In
Feet)
Crown
Sprea
d
(In
Feet)
Condition Protected
4801 Coast Live Oak Quercus
agrifolia
14 28 28 Good Protected
4802 Blue Gum
Eucalyptus
Eucalyptus
globulus
18 34 20 Fair Exempt
4803 Coast Live Oak Quercus
agrifolia
14 35 32 Good Protected
4804 Blue Gum
Eucalyptus
Eucalyptus
globulus
9 44 9 Fair Exempt
4805 Eucalyptus
nicholii
Eucalyptus
nicholii
24 42 33 Good Protected
4806 Eucalyptus
nicholii
Eucalyptus
nicholii
18 35 29 Fair Exempt
4807 Eucalyptus
nicholii
Eucalyptus
nicholii
17 25 27 Fair Exempt
4808 Eucalyptus
nicholii
Eucalyptus
nicholii
18 35 33 Fair Exempt
4809 Eucalyptus
nicholii
Eucalyptus
nicholii
30 57 38 Good Protected
4810 Blue Gum
Eucalyptus
Eucalyptus
globulus
8 40 15 Fair Exempt
4811 Eucalyptus
nicholii
Eucalyptus
nicholii
19 40 25 Good Exempt
4812 Texas Privet Tree Ligustrum
japonicum
'texanum'
Multi - 5”
3” 4”
40 19 Fair Exempt
4813 American
Sycamore
Platanus
occidentalis
15 55 22 Fair Protected
4814 American
Sycamore
Platanus
occidentalis
14 45 25 Fair Protected
4815 Eucalyptus
nicholii
Eucalyptus
nicholii
23 42 38 Fair Exempt
4816 Coast Live Oak Quercus
agrifolia
9 24 13 Fair Protected
4817 Eucalyptus
nicholii
Eucalyptus
nicholii
27 55 50 Good Protected
4818 Eucalyptus Eucalyptus
(sp)
20 52 35 Good Exempt

ITEM NO. 10.

4820 Flowering Pear
Tree
Pyrus
calleryana
6 18 8 Fair Exempt
4821 Coast Live
Oak
Quercus
agrifolia
10 25 18 Good Protected
4822 Blue Gum
Eucalyptus
Eucalyptus
globulus
17 60 25 Good Exempt
4823 Coast Live
Oak
Quercus
agrifolia
22 50 38 Good Protected
4824 Blue Gum
Eucalyptus
Eucalyptus
globulus
9 47 9 Good Exempt
4825 Coast Live
Oak
Quercus
agrifolia
10 35 18 Good Protected
4826 Coast Live
Oak
Quercus
agrifolia
14 38 27 Fair Large
Protected
4827 Coast Live
Oak
Quercus
agrifolia
13 45 35 Good Protected
4828 Coast Live
Oak
Quercus
agrifolia
24 50 40 Good Large
Protected
4829 Mexican Fan
Palm
Washingtonia
robusta
14 58 9 Good Exempt
4830 Mexican Fan
Palm
Washingtonia
robusta
16 65 10 Good Exempt
4831 Mexican Fan
Palm
Washingtonia
robusta
12 48 7 Good Exempt
4832 Coast Live
Oak
Quercus
agrifolia
Multi -
12” 6”
5” 4”
39 34 Good Large
Protected
4833 Valley Oak Quercus
lobata
9 42 21 Good Protected
4834 Mexican Fan
Palm
Washingtonia
robusta
11 19 6 Good Exempt
4835 Deodar Cedar Cedrus
deodara
10 45 32 Good Protected
4836 Redwood Sequoia
sempervirens
14 33 18 Dead Protected
4837 Redwood Sequoia
sempervirens
Multi10” 7”
44 17 Good Protected
4838 Redwood Sequoia
sempervirens
7 33 10 Good Protected
4839 Redwood Sequoia
sempervirens
30 65 25 Fair Protected
4819 Eucalyptus
nicholii
Eucalyptus
nicholii
38 50 40 Good Protected

ITEM NO. 10.

4840 Deodar Cedar Cedrus
deodara
12 48 14 Good Protected
4841 Redwood Sequoia
sempervirens
18 65 27 Fair Protected
4842 Redwood Sequoia
sempervirens
18 70 30 Good Protected
4843 Pepper Tree Schinus
molle
27 25 22 Very Poor Protected
4844 Coast Live
Oak
Quercus
agrifolia
36 62 56 Good Large
Protected
4845 Coast Live
Oak
Quercus
agrifolia
17 45 21 Fair Protected
4846 Coast Live
Oak
Quercus
agrifolia
16 45 27 Fair Protected
4847 Coast Live
Oak
Quercus
agrifolia
Multi17” 16”
45 43 Fair Large
Protected
4848 Coast Live
Oak
Quercus
agrifolia
18 37 32 Fair Protected
4849 Deodar Cedar Cedrus
deodara
19 50 31 Good Protected
4850 Olive Tree Olea
europaea
Multi -
7” 6” 6”
4”
24 30 Fair Protected
4851 English Walnut
Tree
Juglans regia 11 45 35 Fair Protected
4852 Coast Live
Oak
Quercus
agrifolia
12 48 35 Fair Protected
4853 Coast Live
Oak
Quercus
agrifolia
20 43 28 Fair Protected
4854 Redwood Sequoia
sempervirens
14 50 28 Good Protected
4855 Blue Gum
Eucalyptus
Eucalyptus
globulus
28 28 12 Poor Protected
4856 Blue Gum
Eucalyptus
Eucalyptus
globulus
28 34 18 Poor Protected
4857 Blue Gum
Eucalyptus
Eucalyptus
globulus
12 23 14 Fair Exempt
4858 Deodar Cedar Cedrus
deodara
12 53 22 Good Protected
4859 Deodar Cedar Cedrus
deodara
14 65 33 Good Protected
4860 Deodar Cedar Cedrus
deodara
15 70 40 Good Protected
4861 Deodar Cedar Cedrus
deodara
11 31 13 Fair Protected
4862 Stone Pine Pinus pinea 13 35 27 Good Protected

ITEM NO. 10.

deodara
8 32 24 Good Protected
4864 Deodar Cedar Cedrus
deodara
13 44 35 Good Protected
4865 Deodar Cedar Cedrus
deodara
27 65 40 Good Protected
4866 Deodar Cedar Cedrus
deodara
6 21 10 Good Protected
4867 Deodar Cedar Cedrus
deodara
6 22 11 Good Protected
4868 Redwood Sequoia
sempervirens
8 22 13 Good Protected
4869 Redwood Sequoia
sempervirens
7 22 11 Fair Protected
4870 Stone Pine Pinus pinea 6 27 10 Good Protected
4871 Deodar Cedar Cedrus
deodara
21 65 41 Good Protected
4872 Olive Olea
europaea
Multi- 9”
10”
22 23 Poor Protected
4873 Coast Live
Oak
Quercus
agrifolia
11 33 25 Good Protected
4874 Coast Live
Oak
Quercus
agrifolia
8 33 11 Good Protected
4875 Coast Live
Oak
Quercus
agrifolia
20 52 27 Fair Protected
4876 Coast Live
Oak
Quercus
agrifolia
16 55 32 Fair Protected
4877 Coast Live
Oak
Quercus
agrifolia
50 55 55 Good Large
Protected
4878 Blue Atlas
Cedar
Cedrus
atlantica
‘Glauca'
10 40 20 Good Protected
4879 Stone Pine Pinus pinea 16 48 36 Good Protected
4880 Blue Gum
Eucalyptus
Eucalyptus
globulus
23 65 35 Fair Exempt
4881 Blue Gum
Eucalyptus
Eucalyptus
globulus
14 53 37 Good Exempt
4882 Blue Gum
Eucalyptus
Eucalyptus
globulus
16 65 22 Fair Exempt
4883 Eucalyptus
nicholii
Eucalyptus
nicholii
33 70 45 Good Protected
4884 Blue Gum
Eucalyptus
Eucalyptus
globulus
37 73 50 Good Protected
4885 Coast Live
Oak
Quercus
agrifolia
10 37 28 Good Protected
4886 Coast Live
Oak
Quercus
agrifolia
11 40 30 Poor Protected

ITEM NO. 10.

Oak
Quercus
agrifolia
33 64 55 Good Large
Protected
4888 Coast Live
Oak
Quercus
agrifolia
24 65 41 Good Large
Protected
4889 Coast Live
Oak
Quercus
agrifolia
11 27 23 Fair Protected
4890 Coast Live
Oak
Quercus
agrifolia
Multi - 10”
8”
33 25 Good Protected
4891 Coast Live
Oak
Quercus
agrifolia
27 55 30 Good Large
Protected
4892 Eucalyptus
nicholii
Eucalyptus
nicholii
Multi - 21”
19”
65 50 Fair Protected
4893 Blue Gum
Eucalyptus
Eucalyptus
globulus
17 65 33 Fair Exempt
4894 Black Walnut Juglans nigra 38 50 40 Poor Protected 4895 Plum Pine Podocarpus
macrophyllus
7 18 13 Good Protected
4896 Plum Pine Podocarpus
macrophyllus
8 22 7 Good Protected
4897 Loquat Eriobotrya
japonica
Multi - 7” 9” 45 30 Good Exempt
4898 Plum Pine Podocarpus
macrophyllus
8 18 7 Good Protected
4899 Plum Pine Podocarpus
macrophyllus
9 18 8 Good Protected
4900 Plum Pine Podocarpus
macrophyllus
8 20 9 Good Protected
4901 Plum Pine Podocarpus
macrophyllus
7 20 9 Good Protected
4902 Plum Pine Podocarpus
macrophyllus
7 20 9 Good Protected
4903 Plum Pine Podocarpus
macrophyllus
5 20 7 Good Protected
4904 Olive Olea europaea 12 14 10 Fair Protected
4905 Blue Gum
Eucalyptus
Eucalyptus
globulus
Multi- 37”
41”
80 67 Good Large
Protected
4906 Olive Olea europaea Multi - 7" 6” 12 9 Fair Protected 4907 Purple leaf
Plum
Prunus
cerasifera
Multi - 10"
13” 11”
34 38 Fair Exempt
4908 Common
Privet
Ligustrum
vulgare
13 22 23 Good Exempt
4909 Purple Leaf
Plum
Prunus
cerasifera
Multi - 8” 7” 32 23 Very
Poor
Exempt
4910 Puple Leaf
Plum
Prunus
cerasifera
11 36 20 Very
Poor

ITEM NO. 10.

4911 Silver Dollar
Eucalyptus
Eucalyptus
polyanthemos
27 47 39 Good Protected
4912 Blue Gum
Eucalyptus
Eucalyptus
globulus
35 60 40 Good Protected
4913 Plum Pine Podocarpus
macrophyllus
9 28 11 Good Exempt
4914 Silver Dollar
Eucalyptus
Eucalyptus
polyanthemos
40 60 45 Good Protected
4915 Stone Pine Pinus pinea 24 60 47 Good Protected
4916 Stone Pine Pinus pinea 23 70 30 Fair Protected
4917 Loquat Eriobotrya
japonica
8 24 9 Fair Exempt
4918 Loquat Eriobotrya
japonica
8 26 12 Fair Exempt
4919 Loquat Eriobotrya
japonica
8 26 11 Fair Exempt
4920 Loquat Eriobotrya
japonica
6 21 10 Fair Exempt
4921 Scarlet Firethorn Pyracantha
coccinea
5 17 7 Fair Protected
4922 Magnolia Magnolia
grandiflora
25 42 40 Fair Protected
4923 Persian Silk Tree Albizia
julibrissin
11 38 33 Good Protected
4924 Black Walnut Juglans nigra 28 45 35 Fair Protected 4925 Stone Pine Pinus pinea 35 85 37 Good Protected
4926 Stone Pine Pinus pinea 28 80 35 Fair Protected
4927 Chinese
Pistache
Pistacia
chinensis
12 48 37 Good Protected
4928 Chinese
Pistache
Pistacia
chinensis
12 50 40 Good Protected
4929 Chinese
Pistache
Pistacia
chinensis
8 22 14 Good Protected
4930 Chinese
Pistache
Pistacia
chinensis
6 21 19 Good Protected
4931 Chinese
Pistache
Pistacia
chinensis
6 12 11 Good Protected
4932 Chinese
Pistache
Pistacia
chinensis
6 23 17 Good Protected
4933 Chinese
Pistache
Pistacia
chinensis
10 23 12 Good Protected
4934 Chinese
Pistache
Pistacia
chinensis
6 23 12 Good Protected

ITEM NO. 10.

4935 Chinese
Pistache
Pistacia
chinensis
6 21 14 Good Protected
4936 Chinese
Pistache
Pistacia
chinensis
11 26 22 Good Protected
4937 Olive Olea europaea 10 14 9 Fair Protected
4938 Olive Olea europaea Multi -
6” 4” 4”
14 11 Fair Protected
4939 Olive Olea europaea 11 16 10 Fair Protected
4940 Olive Olea europaea Multi -
6" 5” 5”
17 11 Fair Protected
4941 Olive Olea europaea 8 10 6 Fair Protected
4942 Black Walnut Juglans nigra 14 42 39 Fair Protected 4943 Black Walnut Juglans nigra 14 42 35 Fair Protected 4944 Monterey
Cypress
Hesperocyparis
macrocarpa
Multi -
8” 16”
16”
25 40 Good Protected
4945 Monterey
Cypress
Hesperocyparis
macrocarpa
20 20 28 Good Protected
4946 Smoke Tree Cotinus
coggygria
Multi -
8" 9” 6”
11 19 Fair Protected
4947 Saucer
Magnolia
Magnolia X
soulangeana
Multi -
6" 5" 4”
19 13 Fair Protected
4948 Persian Silk Tree Albizia julibrissin 21 20 23 Fair Protected 4949 Mexican Fan
Palm
Washingtonia
robusta
18 55 10 Good Protected
4950 Mexican Fan
Palm
Washingtonia
robusta
8 23 9 Good Protected
4951 Mexican Fan
Palm
Washingtonia
robusta
9 31 9 Good Protected
4952 Mexican Fan
Palm
Washingtonia
robusta
6 38 8 Good Protected
4953 Silver Maple Acer
saccharinum
6 45 13 Good Protected
4954 Magnolia Magnolia
grandiflora
8 41 27 Good Protected
4955 Silver Dollar
Eucalyptus
Eucalyptus
polyanthemos
20 70 33 Fair Protected
4956 Magnolia Magnolia
grandiflora
6 30 13 Fair Protected
4957 Modesto Ash Fraxinus
velutina
25 58 42 Good Protected

ITEM NO. 10.

4958 Crape Myrtle Lagerstroemia Multi -
4” 4”
4” 5”
22 19 Good Protected
4959 Crape Myrtle Lagerstroemia 8 20 18 Good Protected
4960 Crape Myrtle Lagerstroemia 7 20 12 Good Protected
4961 Crape Myrtle Lagerstroemia Mutli -
6” 5”
3” 4”
21 11 Good Protected
4962 Black Walnut Juglans nigra 8 13 10 Good Exempt
4963 Mexican Fan
Palm
Washingtonia
robusta
22 73 10 Good Exempt
4964 Mexican Fan
Palm
Washingtonia
robusta
13 60 10 Good Exempt
4965 Mexican Fan
Palm
Washingtonia
robusta
14 64 10 Good Exempt
4966 Mexican Fan
Palm
Washingtonia
robusta
15 66 10 Good Exempt
4967 Mexican Fan
Palm
Washingtonia
robusta
15 55 11 Good Exempt
4968 Sweetgum Liquidambar
styraciflua
22 65 29 Good Protected
4969 Sweetgum Liquidambar
styraciflua
12 55 21 Good Protected
4970 Sweetgum Liquidambar
styraciflua
13 63 23 Good Protected
4971 Sweetgum Liquidambar
styraciflua
7 38 10 Good Protected
4972 Sweetgum Liquidambar
styraciflua
17 45 19 Good Protected
4973 Sweetgum Liquidambar
styraciflua
16 48 17 Good Protected
4974 Sweetgum Liquidambar
styraciflua
13 48 8 Good Protected
4975 Sweetgum Liquidambar
styraciflua
13 48 8 Fair Protected
4976 Sweetgum Liquidambar
styraciflua
11 47 9 Poor Protected
4977 Sweetgum Liquidambar
styraciflua
8 38 12 Good Protected

ITEM NO. 10.

4978 Sweetgum Liquidambar
styraciflua
12 41 22 Good Protected
4979 Sweetgum Liquidambar
styraciflua
18 51 31 Good Protected
4980 Japanese Maple Acer palmatum 10 23 20 Poor Protected 4981 Loquat Eriobotrya
japonica
10 31 18 Fair Exempt
4982 Deodar Cedar Cedrus deodara Multi - 34”
25”
75 45 Good Protected
4983 Lemon Tree Citrus Limon Multi - 10”
4”
27 23 Good Exempt
4984 Coast Live Oak Quercus
agrifolia
11 29 18 Good Protected
4985 Mexican Fan Palm Washingtonia
robusta
14 45 9 Good Exempt
4986 Brisbane Box Lophostemon
confertus
Multi - 8”
8”
36 24 Fair Protected
4987 Saucer Magnolia Magnolia X
soulangeana
Multi - 9”
12”
35 26 Fair Protected
4988 Coast Live Oak Quercus
agrifolia
15 44 41 Good Protected
4989 Loquat Eriobotrya
japonica
Multi - 6”
5”
23 11 Fair Exempt
4990 Monterey Cypress Hesperocyparis
macrocarpa
7 21 13 Fair Protected
4991 Silver Dollar
Eucalyptus
Eucalyptus
polyanthemos
24 71 26 Fair Protected
4992 Deodar Cedar Cedrus deodara 13 55 31 Fair Protected 4993 Monterey Cypress Hesperocyparis
macrocarpa
Multi - 7”
19” 10” 7”
36 27 Fair Protected
4994 Monterey Cypress Hesperocyparis
macrocarpa
Multi - 10"
6” 13”
38 24 Fair Protected
4995 Monterey Cypress Hesperocyparis
macrocarpa
10 28 10 Fair Protected
4996 Deodar Cedar Cedrus deodara 15 58 32 Fair Protected 4997 Deodar Cedar Cedrus deodara 16 52 34 Fair Protected 4998 Deodar Cedar Cedrus deodara 16 57 34 Fair Protected

ITEM NO. 10.

4999 Deodar Cedar Cedrus
deodara
16 54 38 Fair Protected
5000 Canary Island
Date Palm
Phoenix
canariensis
32 22 21 Good Protected
5001 Deodar Cedar Cedrus
deodara
20 64 42 Good Protected
5002 Sugar Pine Pinus
lambertiana
18 64 42 Good Protected
5003 Sugar Pine Pinus
lambertiana
13 49 17 Good Protected
5004 Sugar Pine Pinus
lambertiana
14 42 22 Fair Protected
5005 Canary Island
Date Palm
Phoenix
canariensis
24 13 16 Good Protected
5006 Coast Live
Oak
Quercus
agrifolia
Multi -
30” 25”
52 48 Fair Large
Protected
5007 Coast Live
Oak
Quercus
agrifolia
Multi -
5” 6” 4”
39 26 Poor Protected
5008 Coast Live
Oak
Quercus
agrifolia
Mutli -
11” 9”
41 35 Fair Protected
5009 Coast Live
Oak
Quercus
agrifolia
11 30 28 Protected
5010 Mulberry Morus alba 10 22 25 Fair Protected
5011 Coast Live
Oak
Quercus
agrifolia
7 13 12 Poor Protected
5012 Coast Live
Oak
Quercus
agrifolia
14 41 37 Fair Protected
5013 Mulberry Morus alba Multi -
6” 4”
22 23 Poor Protected
5014 Mulberry Morus alba 6 11 10 Poor Protected
5015 Coast Live
Oak
Quercus
agrifolia
16 55 35 Fair Protected
5016 Coast Live
Oak
Quercus
agrifolia
Multi -
6" 8”
43 33 Fair Protected
5017 Coast Live
Oak
Quercus
agrifolia
16 43 37 Fair Protected
5018 Blue Atlas
Cedar
Cedrus
atlantica
‘Glauca’
6 18 18 Good Protected
5019 Blue Atlas
Cedar
Cedrus
atlantica
‘Glauca’
6 13 17 Good Protected
5020 Redwood Sequoia
sempervirens
10 34 15 Fair Protected

ITEM NO. 10.

5021 Mexican Fan
Palm
Washingtonia
robusta
Multi -
14” 13”
13” 14”
68 12 Good Exempt
5022 Mexican Fan
Palm
Washingtonia
robusta
13 60 14 Good Exempt
5023 Mexican Fan
Palm
Washingtonia
robusta
13 52 11 Good Exempt
5024 Mexican Fan
Palm
Washingtonia
robusta
14 59 11 Good Exempt
5025 Persimmon Diospyros
kaki
7 20 27 Good Exempt
5026 Loquat Eriobotrya
japonica
Multi -
5” 6” 6”
5”
22 24 Good Exempt
5027 Purple Leaf
Plum
Prunus
cerasifera
Multi -
5" 3”4”
3”
17 9 Dead Exempt
5028 Purple Leaf
Plum
Prunus
cerasifera
Multi -
8” 7”
21 14 Very Poor Exempt
5029 Coast Live
Oak
Quercus
agrifolia
8 24 12 Poor Protected
5030 Mulberry Morus alba Multi -
5" 9”
25 21 Good Protected
5031 Coast Live
Oak
Quercus
agrifolia
Multi -
8" 9” 7”
34 23 Fair Protected
5032 Mulberry Morus albą 8 13 11 Poor Protected
5033 Canary Island
Date Palm
Phoenix
canariensis
32 35 28 Good Protected
5034 Coast Live
Oak
Quercus
agrifolia
10 12 21 Fair Protected
5035 Sweetgum Liquidambar
Styraciflua
14 34 38 Poor Protected
5036 Deodar Cedar Cedrus
deodara
28 61 47 Good Protected
5037 Italian Cypress Cupressus
sempervirens
9 28 5 Dead Protected
5038 Italian Cypress Cupressus
sempervirens
11 43 5 Good Protected
5039 Italian Cypress Cupressus
sempervirens
11 41 5 Good Protected
5040 Camphor Cinnamomu
m camphora
13 37 28 Fair Protected
5041 Camphor Cinnamomu
m camphora
7 28 11 Fair Protected

ITEM NO. 10.

5042 Camphor Cinnamom
um
camphora
7 25 10 Fair Protected
5043 Purple Leaf
Plum
Prunus
cerasifera
6 20 6 Very Poor Exempt
5044 Texas Privet Ligustrum
japonicum
'texanum'
14 46 23 Poor Exempt
5045 Ironbark
Eucalyptus
Eucalyptus
sideroxylon
20 44 30 Poor Exempt
5046 Camphor Cinnamom
um
camphora
6 16 13 Good Protected
5047 Coast Live Oak Quercus
agrifolia
Multi - 7”
7”
13 13 Good Protected
5048 Bluegum
Eucalyptus
Eucalyptus
globulus
15 33 26 Good Exempt
5049 Bluegum
Eucalyptus
Eucalyptus
globulus
21 44 31 Good Exempt
5050 Ironbark
Eucalyptus
Eucalyptus
sideroxylon
9 38 19 Fair Exempt
5051 Coast Live Oak Quercus
agrifolia
16 37 26 Fair Protected
5052 Coast Live Oak Quercus
agrifolia
29 55 52 Good Large
Protected
5053 Canary Island
Date Palm
Phoenix
canariensis
24 50 22 Poor Protected
5054 Coast Live Oak Quercus
agrifolia
19 60 45 Good Protected
5055 Coast Live Oak Quercus
agrifolia
17 45 22 Fair Protected
5056 Coast Live Oak Quercus
agrifolia
11 50 20 Good Protected
5057 Coast Live Oak Quercus
agrifolia
12 45 28 Fair Protected
5058 Coast Live Oak Quercus
agrifolia
13 55 35 Good Protected
5059 Coast Live Oak Quercus
agrifolia
18 40 35 Fair Protected
5060 Coast Live Oak Quercus
agrifolia
Multi -
16” 8” 9”
30 27 Good Large
Protected
5061 Olive Olea
europaea
10 27 19 Good Protected
5062 Coast Live Oak Quercus
agrifolia
10 38 30 Fair Protected

ITEM NO. 10.

5063 Coast Live
Oak
Quercus
agrifolia
Multi - 19”
17”
55 60 Fair Large
protected
5064 Coast Live
Oak
Quercus
agrifolia
11 48 31 Fair Protected
5065 Coast Live
Oak
Quercus
agrifolia
14 50 38 Fair Protected
5066 Coast Live
Oak
Quercus
agrifolia
24 55 40 Fair Protected
5067 Coast Live
Oak
Quercus
agrifolia
16 57 32 Fair Protected
5068 Coast Live
Oak
Quercus
agrifolia
14 60 40 Fair Protected
5069 Coast Live
Oak
Quercus
agrifolia
15 50 30 Good Protected
5070 Coast Live
Oak
Quercus
agrifolia
20 80 50 Fair Protected
5071 Coast Live
Oak
Quercus
agrifolia
Multi - 9”
5” 4”
32 31 Fair Protected
5072 Coast Live
Oak
Quercus
agrifolia
10 60 20 Fair Protected
5073 Deodar Cedar Cedrus
deodara
9 55 17 Fair Protected
5074 Coast Live
Oak
Quercus
agrifolia
10 48 30 Fair Protected
5075 Coast Live
Oak
Quercus
agrifolia
8 30 25 Fair Protected
5076 Deodar Cedar Cedrus
deodara
22 75 47 Fair Protected
5077 Coast Live
Oak
Quercus
agrifolia
20 48 39 Fair Protected
5078 Coast Live
Oak
Quercus
agrifolia
10 24 18 Fair Protected
5079 Coast Live
Oak
Quercus
agrifolia
20 60 40 Fair Protected
5080 Coast Live
Oak
Quercus
agrifolia
7 25 11 Fair Protected
5081 Coast Live
Oak
Quercus
agrifolia
18 45 35 Fair Protected
5082 Coast Live
Oak
Quercus
agrifolia
Multi - 8”
14”
45 37 Fair Large
Protected

ITEM NO. 10.

5083 Deodar Cedar Cedrus
deodara
22 65 40 Poor Protected
5084 Coast Live
Oak
Quercus
agrifolia
18 48 30 Fair Protected
5085 Coast Live
Oak
Quercus
agrifolia
11 38 28 Fair Protected
5086 Coast Live
Oak
Quercus
agrifolia
Multi - 12”
11” 14”
40 55 Fair Large
Protected
5087 Coast Live
Oak
Quercus
agrifolia
Multi - 15”
7”
48 35 Fair Protected
5088 Coast Live
Oak
Quercus
agrifolia
12 40 22 Good Protected
5089 Coast Live
Oak
Quercus
agrifolia
Multi - 7”
8”
40 34 Fair Protected
5090 Coast Live
Oak
Quercus
agrifolia
13 45 22 Fair Protected
5091 Coast Live
Oak
Quercus
agrifolia
16 38 30 Good Protected
5092 Coast Live
Oak
Quercus
agrifolia
11 38 25 Good Protected
5093 Coast Live
Oak
Quercus
agrifolia
16 50 35 Fair Protected
5094 Coast Live
Oak
Quercus
agrifolia
13 45 28 Fair Protected
5095 Coast Live
Oak
Quercus
agrifolia
Multi - 38”
19” 28”
60 55 Fair Large
Protected
5096 Coast Live
Oak
Quercus
agrifolia
17 42 38 Fair Protected
5097 Coast Live
Oak
Quercus
agrifolia
15 45 38 Good Protected
5098 Coast Live
Oak
Quercus
agrifolia
32 55 65 Good Large
Protected
5099 Coast Live
Oak
Quercus
agrifolia
12 30 25 Poor Protected
5100 Coast Live
Oak
Quercus
agrifolia
11 28 18 Poor Protected
5101 Coast Live
Oak
Quercus
agrifolia
12 36 20 Poor Protected
5102 Coast Live
Oak
Quercus
agrifolia
11 34 20 Poor Protected
5103 Coast Live
Oak
Quercus
agrifolia
17 40 24 Poor Protected

ITEM NO. 10.

5104 Coast Live
Oak
Quercus
agrifolia
14 28 17 Poor Large
Protected
5105 Coast Live
Oak
Quercus
agrifolia
18 44 23 Fair Large
Protected
5106 Coast Live
Oak
Quercus
agrifolia
16 40 28 Fair Protected
5107 Coast Live
Oak
Quercus
agrifolia
Multi - 9”
15” 6”
40 28 Fair Large
Protected
5108 Coast Live
Oak
Quercus
agrifolia
19 46 37 Fair Protected
5109 Coast Live
Oak
Quercus
agrifolia
20 55 39 Fair Protected
5110 Coast Live
Oak
Quercus
agrifolia
13 38 27 Fair Protected
5111 Coast Live
Oak
Quercus
agrifolia
14 45 30 Fair Protected
5112 Coast Live
Oak
Quercus
agrifolia
13 44 36 Fair Protected
5113 Coast Live
Oak
Quercus
agrifolia
26 55 50 Fair Large
Protected
5114 Coast Live
Oak
Quercus
agrifolia
16 50 30 Fair Protected
5115 Coast Live
Oak
Quercus
agrifolia
36 65 60 Fair Large
Protected
5116 Coast Live
Oak
Quercus
agrifolia
17 50 40 Fair Protected
5117 Coast Live
Oak
Quercus
agrifolia
15 50 38 Fair Protected
5118 Coast Live
Oak
Quercus
agrifolia
16 40 40 Fair Protected
5119 Coast Live
Oak
Quercus
agrifolia
10 40 25 Fair Protected
5120 Coast Live
Oak
Quercus
agrifolia
12 40 18 Fair Protected
5121 Coast Live
Oak
Quercus
agrifolia
18 38 25 Fair Protected
5122 Coast Live
Oak
Quercus
agrifolia
17 35 20 Fair Protected
5123 Coast Live
Oak
Quercus
agrifolia
22 46 37 Fair Protected
5124 Coast Live
Oak
Quercus
agrifolia
10 20 12 Dead Protected

ITEM NO. 10.

5125 Coast Live
Oak
Quercus
agrifolia
15 45 35 Fair Protected
5126 Coast Live
Oak
Quercus
agrifolia
15 42 38 Fair Protected
5127 Coast Live
Oak
Quercus
agrifolia
12 38 27 Fair Protected
5128 Coast Live
Oak
Quercus
agrifolia
Multi - 14”
14”
42 37 Fair Large
Protected
5129 Coast Live
Oak
Quercus
agrifolia
19 50 40 Fair Protected
5130 Coast Live
Oak
Quercus
agrifolia
Multi 7” 9” 37 30 Fair Protected

ITEM NO. 10.

Assessment by tag number
Tag 4801: Tree is located on a grade at the property line.

Tag 4802: Substantial rot in first main crotch
Significant lean - potential to upright failure

ITEM NO. 10.

Tag 4803: Located on property line
Girdling around base due to chain link fence
Tag 4804: No foliage until upper canopy due to growing amongst live oak and eucalyptus. Significant vertical growth to obtain light over neighboring trees

ITEM NO. 10.

Tag 4805: Canopy leaning north west due to competition for light.

Located on fenceline.

Crossing limbs and merging canopies with neighboring trees.

Tag 4806: Canopy leaning north west due to competition for light.

Located on fenceline.

Crossing limbs and merging canopies with neighboring trees.

ITEM NO. 10.

Tag 4807: Canopy leaning north west due to competition for light.

Crossing limbs and merging canopies with neighboring trees.

Tag 4808: Canopy leaning north west due to competition for light.

Crossing limbs and merging canopies with neighboring trees.

ITEM NO. 10.

Tag 4809: Bad attachments at first main crotch of codominant uprights.

Crossing limbs and merging canopies with neighboring trees.

Tag 4810: Crossing limbs and merging canopies with neighboring trees.

Located on fenceline.

ITEM NO. 10.

Tag 4811: Canopy growing to the northwest.

Decay noted in wounds from cuts of large removed limbs.

Located on the fenceline.

Tag 4812: Located on adjacent lot with drip line over property.

This tree is not suitable for landscape tree.

ITEM NO. 10.

Tag 4813: Located 3ft from fenceline.

On adjacent lot with drip line over property.

Deadwood noted in upper canopy.

Tag 4814: Located 3ft from fenceline.

On adjacent lot with drip line over property.

Deadwood noted in upper canopy.

ITEM NO. 10.

Tag 4815: Rot noted in main stem and in dominant upright.

Poorly attached epicormic growth.

Located on property at fenceline.

Tag 4816: Thick dead vine observed on main stem.

Needs to be removed - dead tissue of vine can lead to fungal and pest infection.

ITEM NO. 10.

Tag 4817: Located on property at fenceline.

Heavy limbs of upper canopy extend over roofline.

Tag 4818: Upper canopy colliding with neighboring upright Located 3ft from fence-line.

Co-dominant upright extending over roof with fused limbs.

ITEM NO. 10.

Tag 4819: Lower canopy has significant epicormic growth.

Decay noted in main stem.

Tag 4820: Significant deadwood upper canopy.

Located 3ft from fenceline on the adjacent lot with drip line over property.

ITEM NO. 10.

Tag 4821: Old wound noted at base of main stem.

Moderate decay and fruiting fungal bodies observed at base of trunk.

Tag 4822: Located on adjacent lot 3 feet from fence line with drip line extending over property.

Decay noted on codominant upright.

ITEM NO. 10.

Tag 4823: Large decaying wound at base of root flare.

Located on adjacent lot 3 feet from property line with drip line extending over property.

Tag 4824: Competing for sunlight with neighboring trees.

Limited foliage on trunk until upper canopy.

ITEM NO. 10.

Tag 4825: Dense lower canopy.

Dead foliage from neighboring trees throughout canopy.

Tag 4826: Girdling at the base due to chain link fence.

Trunk has fused to chain link fence.

Located on neighboring property.

ITEM NO. 10.

Tag 4827: Lower canopy has minor foliage dieback.

Located 2ft from fenceline on neighboring property.

Tag 4828: Entire trunk of the tree is covered in Ivy that should be removed.

Located 4ft from fenceline on neighboring property.

Future growth of canopy will cover parking lot light.

ITEM NO. 10.

Tag 4829: Slight mechanical damage at base of trunk.

No action necessary.

Tag 4830: Slight mechanical damage at base of trunk
No action necessary

ITEM NO. 10.

Tag 4831: Slight mechanical damage at base of trunk
No action necessary
Tag 4832: Multiple stems from secondary growth.

Dense canopy.

ITEM NO. 10.

Tag 4833: Minor dieback and deadwood in upper canopy.

Tag 4834: Competing for sunlight with neighboring cedar tree.

ITEM NO. 10.

Tag 4835: Canopy interfering with growth of neighboring palm tree.

Tag 4836: Dead

ITEM NO. 10.

Tag 4837: Second upright growing out of trunk flare.

Included bark noted between uprights of main stem.

Tag 4838: Competing for sunlight between neighboring redwood trees.

ITEM NO. 10.

Tag 4839: Sparse and thin foliage due to long term drought stress.

Tag 4840: Canopy is growing to the west due to competition with neighboring Redwood.

ITEM NO. 10.

Tag 4841: Tree is in fair condition due to drought stress.

Construction materials - sand and sediment placed around base of the tree.

Tag 4842: Significant secondary growth at root flare.

Evidence of minor drought stress.

ITEM NO. 10.

Tag 4843: Extensive decay in the main stem.

Loosing heartwood, inevitable death.

Tag 4844: Root ball is exposed on the northwest side of the tree.

ITEM NO. 10.

Tag 4845: Poor anchorage and connnection at the base of the main stem which can lead to breakage and ultimately failure of the tree.

Tag 4846: Ivy growing up main stem.

Exposed root ball - poor anchorage.

ITEM NO. 10.

Tag 4847: Poor connection of uprights with included bark and evidence of decay on main uprights.

Tag 4848: Upright growing towards neighboring property is close to contact with sports fencing.

ITEM NO. 10.

Tag 4849: No notable observations.

Tag 4850: Ivy growing on multiple uprights.

Decay pockets noted in multiple uprights.

ITEM NO. 10.

Tag 4851: Ivy growing around base of the tree and up main stem.

Dieback evident in the canopy
Tag 4852: Significant lean to the north due to competition for light with the walnut tree.

Ivy growing at the base of the tree.

ITEM NO. 10.

Tag 4853: Ivy growing around the base of the tree and up the main stem.

Minor bark damage from bark beetle.

Tag 4854: Ivy growing around the base and beginning to climb trunk.

ITEM NO. 10.

Tag 4855: Tree has been pollarded.

Ivy growing around the base and starting to climb the trunk.

Tag 4856: Multiple epicormic shoots growing from root flare.

Tree has been pollarded.

ITEM NO. 10.

Tag 4857: Damage to trunk flare noted.

Tag 4858: No notable observations

ITEM NO. 10.

Tag 4859: No notable observations
Tag 4860: No notable observations

ITEM NO. 10.

Tag 4861: Tree has been topped.

Canopy is comprised of secondary growth.

Tag 4862: Tree has a moderate lean to the north.

ITEM NO. 10.

Tag 4863: Ivy growing around base of tree.

Tag 4864: Ivy growing around base of tree.

ITEM NO. 10.

Tag 4865: No notable observations
Tag 4866: Ivy growing at the base of the tree.

ITEM NO. 10.

Tag 4867: Ivy growing around the base of tree
Tag 4868: Ivy growing around the base of tree.

ITEM NO. 10.

Tag 4869: Moderate secondary growth growing out of the base of the tree.

Minor stress due to drought.

Tag 4870: No notable observations.

ITEM NO. 10.

Tag 4871: Minor physical damage at base of the trunk.

Tree splits into two codominant uprights at about 18 feet above ground.

Tag 4872: Large dead vine still attached to main upright.

Located on adjacent lot, touching fence of property line.

Large holes noted around the root ball.

ITEM NO. 10.

Tag 4873: Leaning against the property fence.

Located on the adjacent lot approximately 3inches from property line.

Tag 4874: Leaning against the property fence.

Located on the adjacent lot.

ITEM NO. 10.

Tag 4875: Canopy is growing towards the south due to old pruning and competing for light with neighboring trees.

Tag 4876: Canopy is growing towards the north east due to competing for light with neighboring trees.

Foliage and upper canopy is sparse.

ITEM NO. 10.

Tag 4877: Pushing up against the chain link fence.

Poor connection with the codominant main stem.

Tag 4878: Ivy growing around the base of the tree and up the trunk.

ITEM NO. 10.

Tag 4879: Ivy growing around the base and up the main trunk of the tree.

Tree has a slight lean and the canopy is growing towards the adjacent property structure.

Tag 4880: Significant lean to the southeast due to competition with neighboring trees.

ITEM NO. 10.

Tag 4881: Canopy is converging with neighboring trees.

Tag 4882: Canopy is converging with neighboring trees.

Moderate dead wood noted in canopy.

Canopy is growing towards the south east due to competition for light with neighboring trees.

ITEM NO. 10.

Tag 4883: Canopy is growing towards the southwest, with a significant lean due to competition with the trees for light.

Tag 4884: Proximity to property structure and size of limbs in the upper canopy could result in major damage if a failure occurs due to wind or rain.

ITEM NO. 10.

Tag 4885: Root flare is overly exposed and has poor anchorage.

Ivy is growing around the base of the tree.

Tree is pushing up against the chain link fence.

Tag 4886: Roots of the tree are partially constricted by cement and retaining wall.

Tree is pushing up against the chain link fence.

ITEM NO. 10.

Tag 4887: Base of the trunk is pushing against the retaining wall and chain link fence.

Large limb is crushing the fence.

Tag 4888: Canopy is converging with neighboring oak tree.

ITEM NO. 10.

Tag 4889: Canopy has a significant lean to the southwest to due to competition for light with the neighboring oak tree.

Tag 4890: Main uprights are growing into the chainlink fence.

ITEM NO. 10.

Tag 4891: Poor connection at base of first main crotch with included bark.

Tag 4892: Canopy branches are growing through and fusing to branches of canopies of two neighboring eucalyptus trees.

ITEM NO. 10.

Tag 4893: Canopy is largely impeded by large neighboring eucalyptus Decay noted in main stem.

Tag 4894: English walnut is dead and black walnut base is growing epicormic growth.

Tag 4895: Canopy is growing in contact with second floor deck railing.

ITEM NO. 10.

Tag 4896: No notable observations.

Tag 4897: Canopy is growing over the roof of property.

Moderate deadwood noted in canopy.

ITEM NO. 10.

Tag 4898: No notable observations.

Tag 4899: No notable observations.

ITEM NO. 10.

Tag 4900: No notable observations.

Tag 4901: No notable observations.

ITEM NO. 10.

Tag 4902: No notable observations.

Tag 4903: No notable observations.

ITEM NO. 10.

Tag 4904: Moderate decay evident in main uprights.

Tag 4905: Large amount of end weight in the upper canopy.

ITEM NO. 10.

Tag 4906: Significant decay noted in the root flare and main stem.

Tag 4907: Significant deadwood noted in canopy.

Canopy branches are growing into roof.

ITEM NO. 10.

Tag 4908: Branches are growing Into contact with property structure.

Fused aerial crotch.

Tag 4909: Major decay in main stem and uprights have compromised structural integrity, death is inevitable.

ITEM NO. 10.

Tag 4910: Major decay in main stem has compromised structural integrity, death is inevitable.

Tag 4911: Tree has a significant lean to the north east, and is growing over the property structure.

This tree could pose a threat to property of persons if a failure was to occur.

ITEM NO. 10.

Tag 4912: Canopy of the tree is growing over property structure, large amounts of end weight in upright growing over property. If a failure was to occur, this tree could pose a threat to property or people.

Tag 4913: Tree is growing against balcony railing of property, and over roof.

ITEM NO. 10.

Tag 4914: Tree is leaning to the northeast.

Canopy foliage is very dense.

Tag 4915: Branches in the upper canopy are growing over the roof of the property structure.

Significant and weight on branches in the upper canopy.

ITEM NO. 10.

Tag 4916: Branches are extending towards the south over the property structure, and significant end weight on south west side of the tree.

Tag 4917: Evidence of secondary upright recently split and broke off of the tree.

ITEM NO. 10.

Tag 4918: Mechanical damage is noted on the bark of the main stem Small amounts of die back noted upper canopy.

Tag 4919: Mechanical damage is noted on the bark of the main stem Small amounts of decay noted on Main stem.

ITEM NO. 10.

Tag 4920: Discoloring in the bark due to cankering on main stem, small fungal infection noted.

Tag 4921: Significant lean to the southwest.

Main stem is pushing against the structure.

ITEM NO. 10.

Tag 4922: Moderate die back noted in canopy.

Tag 4923: Decay noted in the root flare and poor anchorage which could lead to failure.

ITEM NO. 10.

Tag 4924: Significant decay from old cut in main upright.

Tag 4925: Significant and weight in branches of the upper canopy, and close proximity to property structure.

ITEM NO. 10.

Tag 4926: Sparse foliage in upper canopy.

Evidence of moderate decay on root flare.

Ivy growing around the base.

Tag 4927: Canopies among neighboring Chinese pistache trees have become uniform, minor decay noted in main stem, resulting from old wound.

Branches growing over roof of property structure.

ITEM NO. 10.

Tag 4928: Canopies among neighboring Chinese pistache trees have become uniform.

Branches growing over roof of property structure.

Tag 4929: Canopies among neighboring Chinese pistache trees have become uniform.
significant lean to the south due to competition for light with neighboring trees.

ITEM NO. 10.

Tag 4930: Canopies among neighboring Chinese pistache trees have become uniform.

Tag 4931: Canopies among neighboring Chinese pistache trees have become uniform.

Significant lean to the southwest, due to competition with neighboring Chinese pistache trees.

ITEM NO. 10.

Tag 4932: Canopies among neighboring Chinese pistache trees have become uniform.

Significant lean to the southeast, due to competition with neighboring Chinese pistache trees.

Tag 4933: Canopies among neighboring Chinese pistache trees have become uniform.

ITEM NO. 10.

Tag 4934: Canopies among neighboring Chinese pistache trees have become uniform.

Tag 4935: Canopies among neighboring Chinese pistache trees have become uniform.

ITEM NO. 10.

Tag 4936: Canopies among neighboring Chinese pistache trees have become uniform.

Dense secondary growth at main crotch.

Tag 4937: Decay noted on main stem and main uprights.

ITEM NO. 10.

Tag 4938: Decay noted on main stem and main uprights.

Included bark between two main uprights.

Tag 4939: Decay noted on main stem and main uprights.

ITEM NO. 10.

Tag 4940: Significant decay noted on main stem and main uprights.

Tag 4941: Significant decay noted on main stem and main uprights.

Very poor attachment at root flare.

Significant lean to the south.

Significant potential for failure.

ITEM NO. 10.

Tag 4942: Canopy is very dense, moderate deadwood noted in the canopy.

Tag 4943: Canopy is very dense, moderate deadwood noted in the canopy.

ITEM NO. 10.

Tag 4944: Mechanical wound noted on entry to complex, multiple broken limbs visible.

Tag 4945: Mechanical wounds from vehicle noted on limb, extending over parking area.
wound evident from major upright, splitting from main stem.

ITEM NO. 10.

Tag 4946: Moderate decay noted on main stem and lateral branches.

Tag 4947: Moderate decay noted on main stem and main uprights.

ITEM NO. 10.

Tag 4948: Substantial amount of decay in trunk where tree was removed at 3ft
Canopy consists of secondary growth.

Tag 4949: No notable observations.

ITEM NO. 10.

Tag 4950: No notable observations.

Tag 4951: No notable observations.

ITEM NO. 10.

Tag 4952: No notable observations.

Tag 4953: Canopy branches are coming into contact with roof of adjacent property structure.

ITEM NO. 10.

Tag 4954: Canopy branches are coming into contact with telephone wire, extending between two property structures.

Tag 4955: Heavy end weight noted an upper canopy failure of a major upright can result in property damage due to proximity to structure.

ITEM NO. 10.

Tag 4956: Minor deadwood noted in canopy.

Branches in contact with roof.

Tag 4957: Significant deadwood noted in canopy, overlapping branches of secondary growth.

ITEM NO. 10.

Tag 4958: No notable observations.

Tag 4959: Canopy has merged with neighboring crape myrtle trees.

ITEM NO. 10.

Tag 4960: Canopy has merged with neighboring crape myrtle trees.

Tag 4961: Canopy has merged with neighboring crape myrtle trees.

ITEM NO. 10.

Tag 4962: Canopy of the tree has a significant lean to the east due to competition with neighboring trees.

Tag 4963: No notable observations.

Tag 4964: No notable observations.

ITEM NO. 10.

Tag 4965: No notable observations.

Tag 4966: No notable observations.

Tag 4967: No notable observations.

ITEM NO. 10.

Tag 4968: Included bark noted between the two main uprights at first main crotch.

Branches of the canopy growing over the roof, significant and weight noted in upper canopy.

Tag 4969: Moderate end weight in upper canopy.

Tag 4970: Significant and weight noted and upper canopy on main upright, leaning towards property structure.

ITEM NO. 10.

Tag 4971: Upper canopy is colliding with canopy of neighboring liquidambar tree.

Tag 4972: Branches in the upper canopy are extending over roof of property structure, and the canopy is colliding with canopy of neighboring liquid ambar tree.

Tag 4973: Upper canopy is colliding with canopy of neighboring liquid ambar tree.

ITEM NO. 10.

Tag 4974: Canopy has very few significant lateral branches, canopy is consisting of primarily small, secondary growth.

Tag 4975: Upper canopy has moderate to significant end weight.

ITEM NO. 10.

Tag 4976: Canopy is extremely stressed, defoliation of canopy is occurring significantly more rapidly than neighboring liquid ambar trees.

Tag 4977: Upper canopy is colliding with canopy of neighboring Sweetgum. Tree is very stressed and is defoliating at a faster rate then neighboring Sweetgum trees.

ITEM NO. 10.

Tag 4978: Trunk has an eastern lean, upper canopy has partially corrected to the southwest.

Tag 4979: Upper canopy has branches extending over the roof of the property structure.

Beehive is a apparent in property structure directly adjacent to tree.

ITEM NO. 10.

Tag 4980: Significant deadwood and decay noted in upper canopy limbs, as well as decay and fruiting bodies noted on main upright.

Tag 4981: Moderate die back in upper canopy.

Significant deadwood is apparent.

ITEM NO. 10.

Tag 4982: No notable observations.

Tag 4983: Fusing is major uprights at approximately 3.5-4ft above grade.

ITEM NO. 10.

Tag 4984: Hole has been cut out in center of upper canopy, two 2x4 boards were placed in upper canopy.

Due to style of pruning, significant deadwood in the center of the canopy.

Tag 4985: Canopy of the neighboring lemon tree is in contact with trunk.

ITEM NO. 10.

Tag 4986: Minor die back noted in canopy.

Tag 4987: Significant die back in the canopy, fused limbs in canopy, dead moss evident on trunk and main uprights.

ITEM NO. 10.

Tag 4988: Canopy contains birds nest, canopy is very dense with slight die back.

Tag 4989: Decay noted in both of the two main uprights.

Deadwood is a parent in the upper canopy.

ITEM NO. 10.

Tag 4990: Trunk of the tree has a significant lean to the northeast.

Tag 4991: Poor attachment at first main crotch.

Tree has already lost a major upright just adjacent to first main crotch.

ITEM NO. 10.

Tag 4992: Significant dieback at the top of the canopy.

Sparse foliage throughout the canopy.

Tag 4993: Sparse foliage in the canopy is noted.

Minor die back observed in the canopy.

Neighboring Monterey cypress canopy is conjoining with canopy of this Monterey cypress.

ITEM NO. 10.

Tag 4994: Upper canopy is beginning to conjoin with the neighboring Monterey cypress canopy.

Tag 4995: Canopy conjoining with neighboring Monterey cypress trees.

ITEM NO. 10.

Tag 4996: Minor dieback in canopy.

Skirt of the canopy is touching parked van underneath the tree.

Tag 4997: Canopy skirt is approximately 6 1/2 feet above grade, minor die back noted and lower canopy.

Tag 4998: Canopy skirt is approximately 6 feet above grade at certain points.

Tag 4999: Crossing limbs noted in canopy.

Minor dieback apparent throughout canopy.

ITEM NO. 10.

Tag 5000: Canopy is growing up into the canopy of the neighboring deodar cedar.

Tag 5001: No notable observations.

ITEM NO. 10.

Tag 5002: Moderate die back noted throughout canopy from drought stress.

Tag 5003: Moderate die back noted throughout canopy from drought stress.

ITEM NO. 10.

Tag 5004: Moderate die back noted throughout canopy from drought stress.

Tag 5005: Palm fronds are growing around the neighboring pine tree.

ITEM NO. 10.

Tag 5006: Canopy skirt is approximately 5ft above grade level at multiple points.

Significant Ivy growing up the main stem and main uprights.

Moderate deadwood noted in canopy.

Tag 5007: Significant canopy dieback.

Fungal infection is causing the tree’s decline.

ITEM NO. 10.

Tag 5008: Moderate deadwood noted in the canopy.

Slight mechanical damage on northwest side of the trunk.

Tag 5009: Canopy is enveloping adjacent lamp.

Minor deadwood noted in canopy.

ITEM NO. 10.

Tag 5010: Fungal fruiting bodies noted on trunk and co-dominant upright.

Tag 5011: The canopy of this tree is growing entirely towards the eastern direction due to competition for light with neighboring oak trees.

ITEM NO. 10.

Tag 5012: Volunteer from another species growing at the base that could affect the trees structural integrity.

Canopy has grown towards the south due to competition with neighboring oak tree.

Tag 5013: Significant decay on co-dominant upright.

Multiple broken limbs in the upper canopy.

Canopy contains multiple overlapping limbs.

Canopy skirt is nearly touching the ground in multiple locations.

Canopy is obscuring adjacent lamppost.

ITEM NO. 10.

Tag 5014: Significant decay on trunk and up both codominant uprights.

Canopy contains overlapping limbs.

Canopy skirt is approximately 3 feet above grade.

Tag 5015: Root system can be considered integral to the hillside grade retention
Ivy growing up the trunk.

ITEM NO. 10.

Tag 5016: Root system can be considered integral to the hillside grade retention
Ivy growing up the trunk.

Minor deadwood noted in canopy.

Tag 5017: Significant Ivy growing up the trunk of the tree and both main uprights.

Moderate deadwood noted in the canopy.

ITEM NO. 10.

Tag 5018: Foliage is growing predominantly on the western side due to the availability of light.

Tag 5019: Dense canopy with over-lapping limbs.

ITEM NO. 10.

Tag 5020: Ivy growing up trunk.

Canopy is significantly obstructed by surrounding trees.

Tag 5021: Multiple trunks conjoined at the base, sharing a root system.

Root system is damaging the surrounding asphalt.

ITEM NO. 10.

Tag 5022: Multiple volunteers growing from base of the trunk.

Tag 5023: Growing in close proximity to neighboring Mexican fan palm.

ITEM NO. 10.

Tag 5024: Growing in close proximity to neighboring Mexican fan palm.

Tag 5025: Canopy skirt is approximately 3.5ft above grade at multiple points.

ITEM NO. 10.

Tag 5026: Canopy overhangs adjacent parking spaces.

Tag 5027: Dead

ITEM NO. 10.

Tag 5028: Major decay on main-stem.

Death is imminent.

Tag 5029: Location is a poor for the health of the tree and surrounding trees.

Canopy is growing at a northward lean.

ITEM NO. 10.

Tag 5030: Decay noted in the upper canopy.

Signs of cankering at the base of the trunk.

Mechanical damage on trunk.

Crossing limbs in canopy.

Tag 5031: Upper canopy colliding into hedge.

Limb hanging over walkway that could pose danger to pedestrians on path
Included bark noted at base of trunks.

ITEM NO. 10.

Tag 5032: Significant decay noted on trunk, larger co-dominant upright has been removed years ago and the wound is decaying.

Tag 5033: Trunk is colliding with roof of the adjacent structure.

ITEM NO. 10.

Tag 5034: Tree has been heavily pruned into a hedge structure, with only one upright extending over 15 feet tall.

Tag 5035: Tree has been topped, significant deadwood in the canopy.

Poor structure of canopy.

ITEM NO. 10.

Tag 5036: Limbs of the upper canopy, extending over roof of adjacent structure.

Tag 5037: Canopy growing in contact with roof of adjacent structure. Dead Tag 5038: No notable observations.

ITEM NO. 10.

Tag 5039: No notable observations.

Tag 5040: Moderate die back noted in canopy.

Poor connection at first main crotch.

Canopy growing over roof of adjacent structure.

ITEM NO. 10.

Tag 5041: Wires around limb are girdling the tree.

Genevie branches are extending over roof of adjacent structure.

Minor die back noted in canopy.

Tag 5042: Tree is approximately 4ft from property PG&E utility apparatus.

Canopy branches are close to roof of adjacent structure.

ITEM NO. 10.

Tag 5043: Significant decay noted in main-stem of tree, death is imminent.

Tag 5044: Co-dominant uprights are fused together resulting in poor attachment.

ITEM NO. 10.

Tag 5045: Significant decay at the base of the trunk.

Poor structural integrity and has potential for failure.

Tag 5046: Dead branch apparent in canopy.

ITEM NO. 10.

Tag 5047: No notable observations.

Tag 5048: Canopy has a significant lean to the southwest.

ITEM NO. 10.

Tag 5049: Trunk is growing in contact with property patio fence, canopy limbs are extending over roof of adjacent structure.

Tag 5050: Sparse foliage in canopy, minor die back noted.

ITEM NO. 10.

Tag 5051: Significant amount of dead limbs and decay noted in upper canopy.

Tag 5052: Canopy has fused with adjacent canary island date palm.

Moderate deadwood in upper canopy.

ITEM NO. 10.

Tag 5053: Tree is being pushed over by neighboring oak tree.

Canopy is only growing on southwest side due to lack of sunlight.

Tag 5054: Minor die back noted in upper canopy.

ITEM NO. 10.

Tag 5055: Significant lean to the south, due to competition for light by neighboring oak trees.

Tag 5056: Birds nest in canopy.

Minor deadwood noted in upper canopy.

ITEM NO. 10.

Tag 5057: Canopy is leaning towards the south west due to competition with neighboring oak trees for light.

Tag 5058: Moderate deadwood in upper canopy.

Dead limb noted in upper canopy.

ITEM NO. 10.

Tag 5059: Medium limb is conjoined with power pole, moderate deadwood in upper canopy, wound on main stem has evidence of decay Tag 5060: Canopy is growing amongst the adjacent powerlines.

ITEM NO. 10.

Tag 5061: Multiple dead limbs from itself and other trees have fallen into the canopy.

Tag 5062: Moderate die back and deadwood in lower canopy.

ITEM NO. 10.

Tag 5063: Ivy Growing up main stem and main uprights, deadwood observed throughout canopy.

Tag 5064: Moderate deadwood throughout canopy.

ITEM NO. 10.

Tag 5065: Significant Ivy growing up main stem and into canopy.

Tag 5066: Ivy growing up the main stem and both uprights up into canopy, moderate deadwood noted throughout canopy.

ITEM NO. 10.

Tag 5067: Ivy is growing up main stem, and both uprights all the way up to the upper canopy.

Minor deadwood noted throughout canopy.

Tag 5068: Ivy growing up main stem.

Moderate deadwood noted throughout canopy.

ITEM NO. 10.

Tag 5069: Minor deadwood in lower canopy.

Tag 5070: Moderate deadwood in the canopy.

ITEM NO. 10.

Tag 5071: Dead rounds of old palm near base.

Included bark between co-dominant uprights.

Tag 5072: Moderate deadwood noted throughout canopy.

ITEM NO. 10.

Tag 5073: Moderate deadwood noted throughout canopy.

Tag 5074: Moderate deadwood noted throughout canopy

ITEM NO. 10.

Tag 5075: Moderate deadwood noted throughout canopy
Tag 5076: Ivy growing up main stem to middle of the canopy.

Moderate deadwood throughout canopy.

ITEM NO. 10.

Tag 5077: Ivy growing up main stem and main uprights all the way to upper canopy.

Tag 5078: Ivy growing up main stem up until upper canopy, tree has a significant lean to the west due to competition for light.

ITEM NO. 10.

Tag 5079: Ivy growing up the main stem.

Moderate deadwood noted throughout canopy.

Tag 5080: Tree has a significant lien to the Westwood direction due to competition for light with neighboring oak trees.

ITEM NO. 10.

Tag 5081: Ivy growing up main stem, and main uprights to upper portion of the canopy.

Moderate deadwood noted throughout canopy.

Tag 5082: Ivy growing up main Stan, and main uprights, deadwood noted throughout the canopy.

ITEM NO. 10.

Tag 5083: Very significant deadwood throughout canopy.

Ivy growing up main stem to approximately 25-30 feet up the canopy.

Tag 5084: Moderate deadwood throughout canopy.

Significant lean to the west due to competition for light.

ITEM NO. 10.

Tag 5085: Tree has a significant lien to the west due to competition with neighboring oak trees for light.

Tag 5086: Co-dominant uprights of the tree have a major lateral lean to the west.

ITEM NO. 10.

Tag 5087: Moderate deadwood canopy.

Tag 5088: No notable observations.

ITEM NO. 10.

Tag 5089: Slight Ivy growing up main stem.

Moderate deadwood throughout canopy.

Tag 5090: Moderate deadwood throughout canopy.

ITEM NO. 10.

Tag 5091: Slight deadwood noted throughout canopy.

Tag 5092: Tree has a significant lean to the east due to competition light with neighboring oak trees.

ITEM NO. 10.

Tag 5093: Moderate deadwood noted throughout canopy.

Tree has a slight lean to the east.

Tag 5094: Ivy growing on trunk.

Moderate deadwood noted throughout canopy.

ITEM NO. 10.

Tag 5095: Significant rot in the trunk, splitting crotch, cracking on the trunk.

Deadwood and decay throughout the entire tree.

Tag 5096: Branches extending over the power cables and over the street.

ITEM NO. 10.

Tag 5097: Branches extending over the power cables and over the street.

Tag 5098: Branches extending over the power cables and over the street.

ITEM NO. 10.

Tag 5099: Ivy growing on trunk throughout canopy.

Tag 5100: Ivy growing on trunk throughout canopy.

ITEM NO. 10.

Tag 5101: Ivy growing on trunk throughout canopy.

Tag 5102: Ivy growing on trunk throughout canopy.

Significant deadwood throughout canopy.

ITEM NO. 10.

Tag 5103: Ivy growing on trunk throughout canopy.

Significant deadwood throughout canopy.

Tag 5104: Ivy growing on trunk throughout canopy.

Significant deadwood throughout canopy.

ITEM NO. 10.

Tag 5105: Ivy is growing up trunk throughout branches and canopy.

Tag 5106: Ivy is growing up trunk throughout branches and canopy.

Tree has a significant westward lean.

ITEM NO. 10.

Tag 5107: Ivy is growing up trunk throughout branches and canopy.

Tree has a significant westward lean.

Tag 5108: Ivy is growing up trunk throughout branches and canopy.

ITEM NO. 10.

Tag 5109: Ivy is growing up trunk throughout branches and canopy.

Moderate deadwood noted throughout canopy.

Tag 5110: Old vines from removed Ivy exist in upper canopy.

ITEM NO. 10.

Tag 5111: Ivy growing up main stem to the upper canopy.

Tag 5112: No notable observations.

ITEM NO. 10.

Tag 5113: Ivy growing up main-stem and throughout canopy.

Tag 5114: Ivy growing up main-stem and throughout canopy.

ITEM NO. 10.

Tag 5115: Ivy growing up main stem and throughout canopy.

Significant deadwood throughout canopy.

Partially constructed tree house.

Tag 5116: Minor deadwood in canopy.

ITEM NO. 10.

Tag 5117: Minor deadwood noted throughout canopy.

Tree has a moderate Westward lean.

Tag 5118: Significant deadwood throughout canopy, tree has a Westward lean.

ITEM NO. 10.

Tag 5119: Moderate deadwood, noted in the canopy.

Slight mechanical damage on trunk 4 ft above grade.

Tag 5120: Ivy growing up main stem.

Slight deadwood noted in canopy.

ITEM NO. 10.

Tag 5121: Tree has a westward lean.

Tag 5122: Ivy growing up main stem.

Tree has a significant westward lean.

ITEM NO. 10.

Tag 5123: Ivy is growing up the main stem of the tree, moderate deadwood.

Tag 5124: Tree has a significant southwest lean.

ITEM NO. 10.

Tag 5125: Moderate deadwood noted throughout canopy.

Tree has a significant Westward lean.

Tag 5126: Moderate deadwood noted throughout canopy.

ITEM NO. 10.

Tag 5127: Tree has a significant Northwest lean.

Tag 5128: Moderate deadwood throughout canopy.

ITEM NO. 10.

Tag 5129: Moderate deadwood throughout canopy.

Tag 5130: Moderate deadwood throughout canopy.

ITEM NO. 10.

Site Map

ITEM NO. 10.

Protected Trees in the Town of Los Gatos
The Town of Los Gatos has established guidelines for the protection of trees.

Removing or excessively pruning a “Protected” tree requires a permit. The guidelines classify protected trees as follows:

1. Trees with a 12-inch or greater diameter on developed residential property.

2. Trees with an 8-inch or greater diameter on developed hillside residential property.

3. Specific 8-inch or greater diameter tree species are located on any developed residential property, including Blue Oak, California Buckeye, Black Oak, and Pacific Madrone.

4. Trees with a 4-inch or greater diameter on vacant or non-residential property.

5. Trees with a 4-inch or greater diameter when removal relates to any development review.

6. Any tree mandated to be planted or retained by the terms and conditions of a development approval, building permit, tree removal permit, or code enforcement action.

However, there are exceptions, such as fruit or nut trees less than 18 inches in diameter and certain other species less than 24 inches in diameter, including Black Acacia, Tree of Heaven, Tulip Tree, various Eucalyptus species, Palm, and Privet.

Tree tags to be retained during construction - 5056, 5057, 5059, 5060, 5062, 5063, 5075, 5087, 5088, 5089, 5090, 5091, 5092, 5093, 5094, 5095, 5096, 5097, 5098, 5099, 5100, 5101, 5102, 5103, 5104, 5115, 5116
Additional trees to be retained from addendum: 5464, 5465, 5466, 5468, 5474, 5475, 5476, 5485, 5486

ITEM NO. 10.

All other trees must be removed to facilitate project construction.

Tree Protection Measures for construction
Construction Site - Tree Preservation
• To the extent feasible, avoid root damage through grading, trenching, compaction, etc., at least within an area 1.5 times the ‘drip-line’ area of trees.

Where root damage cannot be avoided, roots encountered (over 1" diameter) should be exposed approximately 12" beyond the area to be disturbed (towards tree stem), by hand excavation, or with specialized hydraulic or pneumatic equipment, cut cleanly with hand pruners or power saw, and immediately back-filled with soil.

Avoid tearing, or otherwise disturbing that portion of the root(s) to remain. • Construct a temporary fence as far from the tree stem (trunk) as feasible, at the drip-line of the tree, or to the specified location as directed by the project arborist.

This fencing should completely surround the tree, except in areas that will not have any construction activity. Post no parking or storage signs outside / on fencing. Do not attach posting to the main-stem of the tree.
• Do not allow vehicles, equipment, pedestrian traffic; building materials or debris storage; or disposal of toxic or other materials inside of the fenced off area.
• Trees that will be impacted by construction may benefit from fertilization, ideally performed in the fall, and preferably prior to any construction activities. • Mulch rooting area with an acidic, organic compost or mulch. • Arrange for periodic (Biannual or Quarterly) inspection of tree's condition, and treatment of damaging conditions (insects, diseases, nutrient deficiencies, etc.) as they occur, or as appropriate.
• Individual trees likely to suffer significant impacts may require specific, more

ITEM NO. 10.

extensive efforts and/or a more detailed specification than those contained within these general guidelines.

Sec. 29.10.1005. Protection of trees during construction.

Protective tree fencing shall specify the following:
(1) Size and materials. Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than 10-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base. (2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist.

Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. (3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall Page 14 first obtain the approval of the project arborist on record prior to removing a tree protection fence.
(4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x 11-inch sign stating:
"Warning—Tree Protection Zone-this fence shall not be removed and is subject to penalty according to Town Code 29.10.1025”
(5) Prior to the commencement of construction, install the fence at the dripline, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction.
(6) Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director. (7) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.
(8) Prohibit the attachment of wires, signs or ropes to any protected tree. (9) Design utility services and irrigation lines to be located outside of the dripline when feasible. (10)Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The

ITEM NO. 10.

project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits. (11)The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered.

Tree Protective Fencing

ITEM NO. 10.

Sec. 29.10.1010. Pruning and maintenance.

All pruning shall be in accordance with the current version of the International Society of Arboriculture Best Management Practices—Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management—Standard Practices, (Pruning) and any special conditions as determined by the Director. For developments, which require a tree preservation report, a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees, including pruning, cabling and any other work if specified.

Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a protected tree shall obtain permission from the Director before performing any work, including pruning, which may cause injury to a protected tree. (e.g. cable TV/fiber optic trenching, gas, water, sewer trench, etc.).

Pruning for clearance of utility lines and energized conductors shall be performed in compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1)- Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning, except where no other alternative is available, is prohibited.

No person shall prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five percent or more of the crown of any protected tree without first obtaining a permit pursuant to this division except for pollarding of fruitless mulberry trees (Morus alba) or other species approved by the Town Arborist. Applications for a pruning permit shall include photographs indicating where pruning is proposed. Page 15 No person shall remove any Heritage tree or large protected tree branch or root through pruning or other method greater than four (4) inches in diameter (12.5” in circumference) without first obtaining a permit pursuant to this division.

Sec. 29.10.1025. Enforcement—Remedies for violation.

In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the Town for violation of this division:

ITEM NO. 10.

(1) Tree removals in absence of or in anticipation of development. If a violation occurs in the absence of or prior to proposed development, then discretionary applications and/or building permit applications will not be accepted or processed by the Town until the violation has been remedied to the reasonable satisfaction of the Director. Mitigation measures as determined by the Director may be imposed as a condition of any subsequent application approval or permit for development on the subject property. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in Sec. 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works.
(2) Pending development applications. Incomplete applications will not be processed further until the violation has been remedied. If an application has been deemed complete, it may be denied by the Director or forwarded to the Planning Commission with a recommendation for denial at the Director's discretion. Mitigation measures as determined by the director may be imposed as Page 16 a condition of approval. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in Sec. 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works.
(3) Projects under construction. a. If a violation occurs during construction, the Town may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the Director, agreed to in writing by the property owner(s) or the applicant(s) or both, and either implemented or guaranteed by the posting of adequate security in the discretion of the Director.

A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in Sec. 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by