Los Gatos City Council
June 17, 2025

ITEM NO. 21.
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17. TENANT IMPROVEMENTS: Tenantshall be responsible for all improvements essential to their business operation.

18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to law and with required permits. Tenant shall give Landlord advance notice of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. The Premises have been offered and accepted in an “as is” condition.

Any Tenant alterations will be made at Tenant’s expense.

19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law.

20. PREVAILING WAGES: Tenant understands that any improvements to the Premises paid for in whole or in part out of public funds will require the payment of prevailing wages in accordance with California Labor Code Sections 1720 et seq. and that, in the event that improvements are paid for in whole or in part out of public funds, Tenant will be responsible for compliance with state prevailing wage laws.

21. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.

Landlord and Tenant agree that 24 hours’ notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.

22. SIGNS: Tenant authorizes Landlord to place a FOR LEASE sign on the Premises within the 30 day period preceding the termination of the Lease. Tenant may install signs in conformance with the Town’s sign ordinance.

23. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this Lease or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, Lease, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this Lease. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for

ITEM NO. 21.
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Landlord's approval, and, if approved, sign a separate written Lease with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this Lease.

Tenant understands and agrees that Landlord may assign this Lease to Cinelux Theatres Los Gatos, LLC, a California limited liability company.

24. POSSESSION: If Landlord is unable to deliver possession of Premises on July 1, 2025, the rent commencement date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in section 5. If Landlord is unable to deliver possession within 90 calendar days after July 1, 2025, Tenant may terminate this Lease by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.

25. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of this Lease, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including restroom and any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iv) deliver Premises to Landlord in the same condition as referenced in section 11; (v) clean Premises; and (vi) give written notice to Landlord of Tenant's forwarding address. All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination.

Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant.

26. DEFAULT:

A. Event of Default: The occurrence of any of the following shall constitute an Event of Default of this Lease by Tenant:
(i) The failure of Tenant to pay or cause to be paid within 10 days after receipt of written notice from Landlord, any Rent or charges required by this Lease to be paid by Tenant;
(ii) The abandonment of the Premises by Tenant;
(iii) The failure of Tenant to do or cause to be done any act, other than payment of rent, monies, or charges, required by this Lease within 30 days after written notice thereof to Tenant or such longer period as may be reasonably required to complete such cure so long as such cure is promptly

ITEM NO. 21.
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commenced within such 30-day period and thereafter diligently and continuously prosecuted to completion;
(iv) Tenant causing, permitting, or suffering, without the prior written consent of Landlord, any act when this Lease requires Landlord’s prior written consent or prohibits such act, and failing to cure such act within 10 days after written notice thereof to Tenant; or
Any act of bankruptcy caused, suffered, or permitted by Tenant that is not discharged within 60 days. For the purposes of this Lease, “act of bankruptcy” shall include any of the following: i) Any general assignment or general arrangement for the benefit of creditors; ii) The filing of any petition by or against Tenant to have Tenant adjudged a bankrupt; iii) The appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets; (v) The attachment, execution, or other judicialseizure ofsubstantially all of Tenant’s assets;
(vi) The failure of Tenant to maintain insurance coverage as defined in section 31 of this Lease.
a. In the event of a Tenant default in the payment of any installment of Rent, which default continues for ten (10) days after notice to Tenant and demand in writing by Landlord to correct such default, or, in the event of any other default which continues for thirty (30) days after notice from Landlord to Tenant, or if Tenant abandons the Premises prior to the expiration of the Term provided for in this Lease, the Landlord may at his option pursue the Default Remedies contained in this Lease. b. Default Remedies: If an Event of Default shall occur and continue, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
i. the worth at the time of award of the unpaid Rent and all other sums due hereunder which had been earned at the time of termination; ii. the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;
iii. the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder for the balance of the term after termination

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exceeds the amount of such rental loss that Tenant proves could be reasonably avoided;
iv. any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant'sfailure to perform its obligations under this Lease; and
v. such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

27. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this section, this Lease shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this Lease by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Rent prorated on a 30-day basis. If this Lease is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

28. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part.

However, Tenant is permitted to make use of such materialsthat are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant.

29. CONDEMNATION: If all or part ofthe Premisesis condemned for public use, either partymay terminate this Lease as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord.

30. INDEMNIFICATION: Tenant agrees to indemnify, and hold harmless Landlord, and its officers, officials, agents, and employees, from any and all liabilities, claims, demands, actions, losses, damages, and costs, including all costs of defense thereof and any award of attorney’s fees, caused by, arising out of, or in any way related to Tenant’s use or occupancy of the leased premises. Tenant agrees to defend Landlord against any such claims.

ITEM NO. 21.
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31. INSURANCE: Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation and use of the Premises, as described in this section. The cost of such insurance shall be borne by the Tenant.

A. Minimum Scope Of Insurance:
• Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
• Workers’ compensation insurance asrequired by the State of California and Employer’s Liability insurance (for tenants with employees). • Property insurance against all risks of lossto any tenant improvements or betterments.

B. Minimum Limits Of Insurance: Tenant shall maintain limits no less than:
• General liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
• Employer’sliability: $1,000,000 per accident for bodily injury or disease (for tenants with employees).
• Property insurance: Fullreplacement cost with no coinsurance penalty provision.

C. Deductibles And Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Landlord. At the option of the Landlord, either: The insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the Landlord, its officers, officials, agents, and employees; or the Tenant shall provide a financial guarantee satisfactory to the Landlord guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions: The general liability policy isto contain, or be endorsed to contain, the following provisions:

ITEM NO. 21.
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• The Landlord, its officers, officials, agents, and employees are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Tenant.
• The Tenant’s insurance coverage shall be primary insurance as respects the Landlord, its officers, officials, agents, and employees. Any insurance or selfinsurance maintained by the Landlord, its officers, officials, agents and employees shall be excess of the Tenant’s insurance and shall not contribute with it. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the Landlord.

E. Acceptability Of Insurer: Insurance isto be placed with insurers with a current A.M.

Best’s rating of no less than A:VII.

F. Verification Of Coverage: Tenant shall furnish Landlord with the original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Landlord or on other than the Landlord’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Landlord before taking possession of the Premises. The Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

32. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all information provided to Landlord is accurate. Tenant authorizes Landlord to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this Lease. Landlord may cancel this Lease: (i) before occupancy begins, upon disapproval ofthe credit report(s); or(ii) at any time, upon discovering that information in Tenant's application isfalse. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this Lease.

33. DISPUTE RESOLUTION:

D. Mediation: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this Lease, or any resulting transaction, before resorting to court action, subject to subsection (1) below. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which

ITEM NO. 21.
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this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. (1) Exclusions From Mediation: The following matters are excluded from Mediation hereunder:
(i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or Installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies.

The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation provision.

34. NOTICE: Notices may be served by certified mail, email, or courier at the following address or location or at any other location subsequently designated:

Landlord: Town of Los Gatos
Attn: Katy Nomura
Assistant City Manager
110 E. Main Street,
Los Gatos, CA 95030
408-354-6836
Tenant: Franco Masoma
Attn: Anwar and Masoma Shoja,
dba Franco Masoma
45 N. Santa Cruz Ave,
Los Gatos, CA 95030
Notice is deemed effective upon the earliest of the following: (i) personal receipt by either party or their agent; or (ii) written acknowledgement of notice.

35. WAIVER: The waiver of any Event of Default shall not be construed as a continuing waiver of the same Event of Default or a waiver of any subsequent Event of Default.

36. OTHER TERMS AND CONDITIONS/SUPPLEMENTS: Exhibit A – Leased Premises, Exhibit B – Floor Plan

ITEM NO. 21.
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37. NONDISCRIMINATION: The Tenant herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises nor shall the Tenant himself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the Premises.

38. ENTIRE CONTRACT: All prior agreements between Landlord and Tenant are incorporated in this Lease, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior Lease or contemporaneous oral agreement. The parties further intend that this Lease constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Lease. Any amendment to this Lease must be in writing.

39. SEVERABILITY: Any provision of this Lease that is held to be invalid shall not affect the validity or enforceability of any other provision in this Lease.

40. BINDING ON SUCCESSORS: This Lease shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties.

41. GOVERNING LAW AND VENUE: This Lease is governed by the laws of the State of California and, in the event of litigation, venue will be in the County of Santa Clara.

IN WITNESS WHEREOF, TOWN OF LOS GATOS and ANWAR and MASOMA SHOJA have executed this LEASE.

LANDLORD TENANT
TOWN OF LOS GATOS ANWAR and MASOMA SHOJA

ITEM NO. 21.
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Chris Constantin, Town Manager Anwar Shoja
Masoma Shoja
APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

ITEM NO. 21.

Date June 22, 2022
16 EXHIBIT A

PREMISES
Premises consist of the area marked
“New Retail”

ITEM NO. 21.
17 EXHIBIT A

PREMISES

F
R
A
N
C
O
M
A
S
O
M
A

ITEM NO. 21.
18 Exhibit B

FLOOR PLAN

ITEM NO. 21.

PREPARED BY: Gabrielle Whelan
Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Clerk, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 6/17/1025
ITEM NO: 22
DATE: June 12, 2025
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Authorize the Town Manager to Execute a Tolling Agreement with the Applicant for a Housing Development Project at 101 Blossom Hill Road RECOMMENDATION:

Authorize the Town Manager to execute a tolling agreement with the applicant for a housing development project at 101 Blossom Hill Road.

BACKGROUND:

The Town is currently processing a planning application for a housing development project at 101 Blossom Hill Road.

On June 4, 2024, the applicant submitted a “preliminary application” pursuant to Government Code Section 65941.1. The submission of a preliminary application entitled the project to certain protections under the state Housing Accountability Act.

On November 26, 2024, the applicant submitted a formal planning application to the Town. In accordance with Government Code Section 65943, the Town issued its first notice of application incompleteness on December 23, 2024. On March 20, 2025, the applicant resubmitted the planning application. On April 16, 2025, the Town notified the applicant that the second resubmittal remained incomplete.

Based on the Town’s reading of Government Code Section 65941.1, the project is no longer eligible for the protections afforded by a “preliminary application” under the state Housing Accountability Act. The Town is seeking declaratory relief on this issue.

On April 28, 2025, the applicant appealed the Town’s incompleteness determination. Pursuant to Government Code Section 65943(c), the Town is required to hear the appeal within 60 days

ITEM NO. 22.

PAGE 2 OF 2
SUBJECT: 101 Blossom Hill Road Tolling Agreement
DATE: June 12, 2025
of receipt. As such the hearing date was scheduled for June 17, 2025. Pursuant to Government Code Section 65943(d), the applicant and the Town may mutually agree to an extension of the time limit for the Town to hear the appeal.

DISCUSSION:

Staff recommends entering into a tolling agreement to extend the time for hearing the appeal, extending the time for the applicant to challenge the Town’s determination that the project is no longer eligible for the protections afforded by the Housing Accountability Act, and remove one of the applicants from the planning application.

Because entry into this tolling agreement will toll the incompleteness appeal hearing, the hearing will not occur on the scheduled date.

CONCLUSION:

Entering into the proposed tolling agreement will permit the Town and the applicant to revisit this issue after the Town has received a judicial decision in its declaratory relief action.

COORDINATION:

This report was prepared in coordination with Community Development, the Town Attorney’s Office, and the Town Manager’s Office.

FISCAL IMPACT:

There is no fiscal impact associated with entering into the proposed tolling agreement.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. Draft Tolling Agreement

ITEM NO. 22.
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TOLLING AGREEMENT
(101 Blossom Hill Road, Town of Los Gatos)
Extension of 60-Day Deadline for Town to Hear Appeal of April 16, 2025 Incompleteness Determination, Extension of 90-Day Deadline for Applicant to Resubmit Application, Tolling Agreement, and Withdrawal of Toby Long as Applicant) This Tolling Agreement (101 Blossom Hill Road, Town of Los Gatos – Extension of 60- Day Deadline for Town to Hear Appeal of April 16, 2025 Incompleteness Determination, Extension of 90-Day Deadline for Applicant to Resubmit Application, Tolling Agreement, and Withdrawal of Toby Long as Applicant) (this “Agreement”), dated as of the date all parties sign this Agreement (the “Effective Date”), is entered into by and among Toby Long, AIA (“Long”) and Lonny L. Oswalt (“Oswalt;” together with Long, “Applicant”), and the Town of Los Gatos (the “Town”). Long, Oswalt, and the Town are referred to individually as a “Party” and collectively as the “Parties”.

RECITALS
A. Oswalt owns that certain real property located at 101 Blossom Hill Road, Los Gatos, CA; APN: 529-11-036 (the “Property”). The Property consists of a commercial structure located on 1.06 acres.

B. On June 4, 2024, Applicant submitted to the Town a Preliminary Application (the “Preliminary Application”) under Gov. Code § 65941.1 for a project at the Property (the “Project”), proposing to demolish the existing commercial structure and construct a seven-story multi-family residential structure consisting of 63 residential units. Applicant asserts that the Project is a “builder’s remedy project” as defined in the Housing Accountability Act, Gov. Code § 65589.5 et seq. (“HAA”). The Project and Town are also subject to provisions of Density Bonus Law, Gov.

Code § 65915 (“DBL”), the Permit Streamlining Act, Gov. Code § 65920 et seq. (“PSA”), and other relevant provisions of state law. The submission of the Preliminary Application entitled the Project to certain protections under the HAA.

C. On November 26, 2024, Applicant submitted a project application (the “Application”) to the Town under the provisions of the PSA.

D. On December 23, 2024, the Town issued to Applicant a first notice of incompleteness regarding the Application under the provisions of Gov. Code § 65943.

E. On March 20, 2025, Applicant resubmitted the Application in response to the Town’s first notice of incompleteness.

F. On April 16, 2025, Joel Paulson, in his capacity as Town Community Development Director (“CDD”), issued to Applicant a letter under the provisions of Gov. Code § 65943 with a determination that the Application remained incomplete after its most recent resubmittal under the PSA. Applicant disputes this determination, believing that the Application is complete.

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F. Also, on April 16, 2025, Town Planning Manager Sean Mullin verbally stated to Applicant the Town’s position that, because the Application had not been completed within 90 days of receiving the first notice of incompleteness, the Preliminary Application had expired and was of no further force or effect, as provided in Gov. Code § 65941.1(e)(2) and the Project and Application were no longer entitled to the protections of the HAA provided for the Preliminary Application. Applicant disputes this determination, believing that the Preliminary Application is in full force and effect.

G. On April 28, 2025, Applicant timely appealed to the Town Council (the “Appeal”) (i) the Town’s April 16, 2025, incompleteness determination, and (ii) the Town’s apparent April 16, 2025, determination that the Preliminary Application had expired. Applicant asserts that, under Gov. Code § 65941.1(e)(2), if the Applicant resubmits the Application within 90 days of Applicant’s receipt of the Town’s April 16, 2025, incompleteness determination, then the Preliminary Application will not expire and will continue to be entitled to protections of the HAA..

H. Pursuant to Gov. Code § 65943(c), the Town is required to hear the Appeal within 60 days of Applicant’s filing the appeal. Pursuant to Gov. Code § 65943(d), the Applicant and Town may mutually agree to an extension of this time limit.

I. Long desires to withdraw as Applicant, with Oswalt continuing as the sole Applicant party.

J. The Parties are aware of a pending judicial action in California related to the above issues, in particular Case No. 25CV462276, a declaratory relief action that the Town brought against Arya Properties, LLC and Los Gatos Boulevard Properties, LLC, in Superior Court in Santa Clara County (the “Arya Matter”). This action addresses the number of 90-day resubmittals allowed under the HAA.

K. Thereby, as provided in this Agreement, the Parties desire to toll and extend all statutory and other deadlines (including

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any and all applicable statute of limitations for either party to initiate litigation related to the Preliminary Application or the Application), including any deadline for the Applicant to resubmit the Application responding to the Town’s incompleteness comments under Gov. Code § 65941.1(e) and for the Town to hear the Appeal under Gov. Code § 65943(c).

L. The Parties have and intend to continue discussions regarding the Project.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the sufficiency of which the Parties hereby acknowledge, the Parties hereby agree as follows:

1. Recitals. The foregoing Recitals are true and correct and, by this reference, are hereby incorporated herein in their entirety.

2. Long Withdrawal as Applicant. The Parties agree that, as of the Effective Date, Long has withdrawn as Applicant, with Oswalt continuing as the sole Applicant party, and that such withdrawal by Long shall not adversely impact the legitimacy and/or legal standing of Oswalt (as the sole Applicant) in the Application, including the appeal, any resubmittal, any determination that the Project is a “builder’s remedy project” (as asserted by Oswalt), or any rights under state law.

3. Agreement to Toll. The Parties agree that, for the term of this Agreement (as defined in Section 4), all statutory and other deadlines (including any and all applicable statutes of limitations for either party to initiate litigation related to the Preliminary Application or the Application);, any deadline for the Applicant to resubmit the Application responding to the Town’s incompleteness comments under Gov. Code § 65941.1(e)(2), and for the Town to hear the Appeal under Gov. Code § 65943(c); and .any requirement by either Party to pay fees or costs associated with or applicable to the Project, are hereby tolled.

4. Term of Agreement. The term of this Agreement (the “Term”), unless extended by mutual agreement of the Parties, is from the Effective Date until the earlier of the following:
(a) 60 days from the date that the Superior Court of Santa Clara County issues an appealable decision in the Arya Matter, or (b) 60 days from the date one Party provides written notice via certified mail or personal delivery to terminate to the other Party. All statutory and other deadlines (including any and all applicable statutes of limitation for either Party to initiate litigation relating to the HAA or otherwise) will run from the date that this Agreement is terminated.

5. No Admission. Nothing in this Agreement shall be admissible in any litigation between the Parties other than in an action to enforce the terms of this Agreement. Nothing in this Agreement is intended as, shall constitute, or be used as evidence of an admission by any Party of any wrongdoing, liability, or fault, a waiver of any right or defense, or an estoppel, either as among the Parties or with respect to any person or entity not a Party to this Agreement.

6. Evidence Code § 1152. The terms of this Agreement, and all communications and drafts related to this Agreement, are subject to Evidence Code § 1152, and shall not be admissible in any action between the Parties other than an action to enforce the terms of this Agreement.

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7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement.

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Signatures provided by electronic image shall have the same force and effect as original signatures.

8. Notices. Except as noted herein, all notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered, emailed, or mailed to the respective Party as follows:

If to Town: The Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Attn: Town Manager
Email: [email protected]
With copy to: The Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Attn: Town Attorney
Email: [email protected]
If to Applicant: Lonny L. Oswalt
101 Blossom Hill Rd
Los Gatos, CA 95032
Email: [email protected]
With copy to: Berliner Cohen LLP
10 Almaden Boulevard, Eleventh Floor
San Jose, CA 95113
Attn: Tyler A. Shewey
Email: [email protected]
Notices shall be deemed delivered when they are (i) personally delivered, or (ii) shall be deemed delivered five days after posting if mailed using the United States Postal Service.

9. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

10. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect.

11. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

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12. Governing Law; Venue. This Agreement shall be governed by the laws of the State of California, excluding its conflict of laws principles. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be heard and filed in a court of competent jurisdiction in the County of Santa Clara.

13. Entire Agreement. This Agreement contains all the representations and the entire agreement and understanding among the Parties with respect to the subject matter hereof, and supersedes all prior understandings, agreements (whether written, verbal, implied or otherwise), and communications with respect thereto. None of the terms hereof shall be amended, waived, or otherwise modified except pursuant to a written instrument duly executed by the Parties.

14. Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of the Parties and the Parties’ successors, administrators, managers, assigns, and employees, and shall be binding upon and shall inure to the benefit of the Parties’ officers and agents acting in their official capacity.

15. Authority to Bind. Each Party covenants and represents that it is fully authorized to enter into this Agreement and to carry out the obligations provided for herein. Each signatory to this Agreement represents and covenants that he or she possesses the necessary capacity and authority to sign and enter into this Agreement and to bind the Party on whose behalf he or she is a signatory.

IN WITNESS WHEREOF, the Parties hereby agree to the full performance of the terms set forth herein.

APPLICANT: TOWN:

By: By:

Toby Long, AIA Chris Constantin, Town Manager
Dated: Dated:

By:

Lonny L. Oswalt
Dated:

APPROVED AS TO FORM APPROVED AS TO FORM
By: By:

Tyler A. Shewey Gabrielle Whelan, Town Attorney

ITEM NO. 22.

PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/17/2025
ITEM NO: 23
DATE: June 12, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Conduct Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement RECOMMENDATION:

Conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List (Attachment 1) and order abatement.

FISCAL IMPACT:

The costs associated with abatement work are placed on the property tax bill for that parcel.

Funds are provided in the FY 2024/25 Budget (Program 5101) to cover the cost of publishing the legal notice for the June public hearing.

STRATEGIC PRIORITIES:

The Brush Abatement Program pertains to the Town Council’s Core Goal of Public Safety. This also supports a top strategic priority regarding emergency preparedness and resiliency related to wildfire risk. Specifically, property owners are reminded that they must remove native brush and vegetation from around their homes to create defensible space to reduce the risk of wildfire.

ITEM NO. 23.

PAGE 2 OF 5
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 12, 2025
BACKGROUND:

The Brush Abatement Program is a different and complementary program to the Weed Abatement Program. Both programs work to protect the Town from wildfire risk by reducing potential fuel, such as brush, in hillside areas.

Santa Clara County Fire Department (County Fire) administers the brush abatement program.

County Fire uses the procedure set forth in Government Code Sections 39560 and following for “weed abatement.” Government Code Section 39561.5(b) defines “weeds” to include brush which will attain such a large growth as to become a fire menace when dry, or which is otherwise noxious or dangerous.

The Town of Los Gatos Municipal Code Section 9.20.025 et seq requires property owners in the locally adopted Wildland Urban Interface Fire Area (WUI) (Attachment 2) to maintain effective defensible space by removing brush, flammable vegetation, and combustible growth, based on the locally adopted Fire Codes. Government Code Section 39560 and the following, authorize the County Fire Department, through a contract for services with the Town, to remove the brush if the property owner fails to do so and to recover administrative service and abatement costs through an assessment on the property tax bill for each parcel.

The WUI area is the part of the Town at greatest risk for wildfire and primarily consists of the hillsides and immediately adjacent neighborhoods. Los Gatos has over 1,800 parcels in the WUI area. County Fire categorizes the parcels into zones and conducts inspections of each zone every three years within the five to six-week inspection time frame (April-June). Through this approach, each parcel is inspected every three years.

Early each year, property owners are reminded that they must remove flammable vegetation from around their homes and other structures on their property to create defensible space. The Town annually adopts the Hazardous Vegetation Abatement Program and works with the Santa Clara County Fire Prevention Division, which serves as the enforcement agent and conducts the inspections.

DISCUSSION:

On May 20, 2025, the Town Council passed Resolution 2025-26 (Attachment 3) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 17, 2025, as a public hearing to consider objections to the proposed removal of brush.

The following is a timeline of the program:

ITEM NO. 23.

PAGE 3 OF 5
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 12, 2025

FEBRUARY/
MARCH
The Santa Clara County Fire Prevention Division (County Fire) notifies property owners located within the designated WUI area of the requirements and timeline to comply with the safety regulations of the adopted California Fire Code.

FEBRUARY/
MARCH
At the time of the notice, property owners are given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor (which is the County of Santa Clara Weed Abatement Program) to perform the work.

APRIL County Fire conducts the first inspections of the properties identified in February/March. Letters and door-hangers are provided for those who are still not in compliance with the program requirements.

MAY Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets a June public hearing to consider objections to the proposed removal of brush on the non-compliant private properties by the Town contractor. County Fire re-inspects the properties that were noncompliant during the Spring property inspection. County Fire provides the Town with the list of properties that continue to be non-compliant. The Town then proceeds to schedule a Public Hearing (to be held in June) to direct the removal of brush from the non-compliant properties.

JUNE On June 1, property owners who are not in compliance are assessed a $597 fee to cover the administrative fees associated with the various inspections.

Town Council conducts a public hearing regarding properties not in compliance (this public hearing is the subject of this agenda item). At this public hearing, property owners are provided the right to object to the removal of hazardous vegetation (brush) on their non-compliant parcels.

County Fire provides notice of the public hearing to the property owners at least 10 days prior (Attachment 4). The Town published notice prior to the public hearing as legally required. As a result of the hearing, the Town contractor (which is the County Weed Abatement Division) is authorized to perform the necessary abatement on private property and charge the property owner for this service.

ITEM NO. 23.

PAGE 4 OF 5
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 12, 2025
JULY After the June public hearing but prior to abatement, County Fire performs an inspection of the properties that were the subject of the hearing. If the property owner has completed the abatement and is brought into compliance after June 1 and before the contractor arrives, the property owner is charged the $597 administrative fee. These properties are then monitored through the County’s Weed Abatement program (which works in partnership with County Fire) until such time as the property demonstrates three consecutive years of voluntary compliance.

If the property was not brought into compliance prior to the County Fire inspection, then County Fire proceeds with the abatement and provides the Town with a list of charges for each property. This assessment list will be brought to the Town Council for a public hearing in August. If there are no proposed charges, no additional public hearing is required.

AUGUST Town Council conducts a public hearing to consider assessments on properties in the Brush Abatement Program if any are required. A list of assessments will be submitted to the County Tax Assessor.

The timeline for the final inspections runs very close to the date of the June public hearing, which means that properties on the WUI area non-compliant list (Attachment 1) may ultimately comply prior to the date of the public hearing. There are currently twelve properties reported as non-compliant; however, if additional properties comply, staff will provide an updated list on the day of the public hearing by way of a Desk Item.

CONCLUSION:

Staff recommends that the Council conduct a public hearing to consider objections to the proposed removal of brush on parcels listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and order abatement of the public nuisance and potential fire hazard pursuant to the Town of Los Gatos Municipal Code (Chapter 9) regarding defensible space.

COORDINATION:

This program is coordinated with the Santa Clara County Fire Department and the Santa Clara County Weed Abatement Program.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

ITEM NO. 23.

PAGE 5 OF 5
SUBJECT: Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2025 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement DATE: June 12, 2025
Attachments:

1. 2025 Wildland Urban Interface (WUI) Area Non-Compliant Property List

2. Wildland Urban Interface (WUI) Map

3. Resolution 2025-26 Declaring Hazardous Vegetation a Public Nuisance (May 20, 2025)

4. Letter to Property Owners

ITEM NO. 23.

ADDRESS CITY APN ASSESSEE CONTACT NAME CONTACT PHONE MAILING ADDRESS MAILING CITY MAILING ZIP 15980 SHORT RD LOS GATOS 52706009 15980 SHORT RD LOS GATOS 95032-4822 17621 HIGH ST LOS GATOS 53223095 17621 HIGH ST LOS GATOS 95030 15460 FRANCIS OAKS WY LOS GATOS 52713005 15460 FRANCIS OAKS WAY LOS GATOS 95032-4900 14851 LAS FLORES LN LOS GATOS 52718007 14851 LAS FLORES LN LOS GATOS 95032-4915 15895 BLOSSOM HILL RD LOS GATOS 52325047 423 MANITOBA ST PLAYA DEL REY 90293 17617 FOSTER RD LOS GATOS 53703030 17617 FOSTER RD LOS GATOS 95030 800 FOSTER RD LOS GATOS 53703043 800 FOSTER RD LOS GATOS 95030 15401 FRANCIS OAKS WY LOS GATOS 52711003 15401 FRANCIS OAKS WAY LOS GATOS 95032-4909 15626 FRANCIS OAKS WY LOS GATOS 52710002 15626 FRANCIS OAKS WAY LOS GATOS 95032-4912 15654 BLOSSOM HILL RD LOS GATOS 52708017 48005 AVALON HEIGHTS TER FREMONT 94539 17627 FOSTER RD LOS GATOS 53704032 17627 FOSTER RD LOS GATOS 95030 15423 FRANCIS OAKS WY LOS GATOS 52711006 15423 FRANCIS OAKS WAY LOS GATOS 95032-4909 ATTACHMENTT 1

ITEM NO. 23.

N
A
Town of Los Gatos
Local Responsibility Area Fire Hazard Severity Zones January 2024 1 0.5 0
E3 E3 E3 E3 E3
MILES
1 LJ Municipality
• Fire Station
- LGA 100 / Very High FHSZ
LGA 100 / LRA Very High FHSZ
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ATTACHMENT 2

ITEM NO. 23.

ITEM NO. 23.

RESOLUTION 2025- 026

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DECLARING HAZARDOUS VEGETATION ( BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 17, 2025 AS A PUBLIC HEARING TO CONSIDER

OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS, Town Code Section 11. 20. 010 authorizes the Town to abate hazardous brush;
WHEREAS, the County Fire Department administers the Town' s brush abatement program;
WHEREAS, the County uses the brush abatement procedures set forth in Sections 39560 and following of the Government Code of the State of California; WHEREAS, Town of Los Gatos may declare that hazardous vegetation ( brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community is a public nuisance and compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation ( brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation ( brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person' s failure to do so, remove or abate such hazardous vegetation ( brush) at the owner' s expense, making the cost of that abatement a lien upon the property; and WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation ( brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation ( brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface Fire areas identified and shown on the map ( Exhibit A) constitutes a public nuisance and should be abated immediately; and
WHEREAS, the Santa Clara County Fire Department has mailed notices to property owners within the Wildland Urban Interface areas notifying them of the need to abate hazardous vegetation ( brush) violations and explaining the steps necessary to correct such violations.
1of3
Resolution 2025- 026 May 20, 2025

ITEM NO. 23.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that:

1. Hazardous vegetation ( brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height, and is indigenous to the hillside area. Hazardous vegetation ( brush) is also known to have a high oil, high resin, or low moisture content in its leaves and branches. Examples of this type of plant material include California Sagebrush, Greasewood or Chamise, Scotch Broom, and Toyon.

2. Unabated growth of hazardous vegetation ( brush) upon and adjacent to private property within the hillside hazardous fire area and adjacent parkways and sidewalks is a public nuisance and should be abated.

3. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.

4. A public hearing is scheduled for 7: 00 p. m. on June 17, 2025, at which time anyone objecting to abatement of the public nuisance may appear.

5. The County Fire Department shall mail notice of the public hearing in accordance with Government Code Section 39566.

BE IT FURTHER RESOLVED that unless the hazardous vegetation ( brush) violations are corrected within the time specified in a written agreement with the Superintendent or the Superintendent' s representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.

BE IT FURTHER RESOLVED that on the 17th day of June 2025, at a meeting of the Town Council beginning at 7: 00 p. m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be held during which all property owners within the Wildland Urban Interface areas in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation ( brush) will be heard and given due consideration. 2 of 3
Resolution 2025- 026 May 20, 2025

ITEM NO. 23.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of May 2025 by the following vote:

COUNCIL MEMBERS:

AYES: Rob Rennie, Mary Badame, Maria Ristow, Rob Moore and Mayor Matthew Eludes NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ka4:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
111

TOWN CL K OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
3 of 3
Resolution 2025- 026 May 20, 2025

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ITEM NO. 23.

ATTACHMENT 4

ITEM NO. 23.

ITEM NO. 23.

ITEM NO. 23.

PREPARED BY: Suray Nathan
Assistant Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 06/17/2025
ITEM NO: 24
DATE: June 12, 2025
TO: Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision Denying a Request to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 Square Feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. Located at 16511 Cypress Way. APN 532-24-004. Architecture and Site Application S-24-045. Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Jackie and Scott Kolander. Applicant: Michael Harris. Project Planner: Suray Nathan.

RECOMMENDATION:

Adopt a resolution denying an appeal of a Planning Commission decision denying a request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a Grading Permit on property zoned HR-2½, located at 16511 Cypress Way.

FISCAL IMPACT:

Denying or granting the appeal does not impact the Town’s budget.

STRATEGIC PRIORITIES:

The proposed project aligns with the adopted Core Goal of Community Character and the Strategic Priority to preserve the Town’s small-town charm and provide a range of housing opportunities and historic neighborhoods, while diligently maintaining and implementing the Housing Element.

BACKGROUND:

The subject property is located on the south side of Cypress Way, approximately 1.4 miles southeast of Los Gatos Boulevard. All surrounding properties are zoned Hillside Residential and

ITEM NO. 24.

PAGE 2 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
developed with single-family residential uses. The property is zoned HR-2½ and has a gross lot size of 54,624 square feet. The average slope of the property is 32 percent, and the resulting net lot size is 21,849 square feet.

On August 30, 2024, the applicant applied for an Architecture and Site Application for a 1,239- square foot detached accessory structure consisting of a three-car garage with a workshop.

On April 23, 2025, the Planning Commission considered the application, including written and applicant’s comments (Attachments 2 and 3). The Planning Commission denied the application as described in the Action Letter (Attachment 4) and in Section B below.

On April 30, 2025, the decision of the Planning Commission was appealed to the Town Council by the property owner, Scott Kolander (Attachment 5). The appellant indicated that there was an error or abuse of discretion by the Planning Commission, and the Planning Commission’s decision is not supported by substantial evidence in the record.

Pursuant to the Town Code, any interested person as defined by Section 29.10.020 may appeal to the Council any decision of the Planning Commission. For residential projects, an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The appellant meets the requirements.

Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing, in this case by June 18, 2025. The Council must at least open the public hearing for the item and may continue the matter to a date certain if the Council does not complete its deliberations.

Pursuant to Town Code Section 29.20.295, in the appeal, and based on the record, the appellant bears the burden to prove that either there was an error or abuse of discretion by the Planning Commission or the decision was not supported by substantial evidence in the record.

If neither is proved, the appeal should be denied. If the appellant meets the burden, the Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, at its discretion, return the matter to the Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.

DISCUSSION:

A. Project Summary
The applicant proposes to demolish an existing detached garage and construct a new 1,239- square foot detached three-car garage with a workshop. The proposed accessory structure would be located at the southeast end of the hillside property. The structure would have a maximum height of 15 feet, the maximum allowed for accessory structures. The project requires exceptions to the Hillside Development Standards and Guidelines (HDS&G) for light

ITEM NO. 24.

PAGE 3 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
reflectivity value (LRV) exceeding 30 and grading depths with cuts exceeding the maximum allowed for accessory buildings, hardscape, and landscape (Attachment 2, Exhibit 9).

A single-family residence and accessory structures are permitted in the HR-2½ zone. The proposed detached garage is in compliance with the allowable floor area, height, setbacks, and on-site parking requirements. The April 23, 2025, Planning Commission Staff Report (Attachment 2) provides a full discussion and analysis of the application.

B. Planning Commission
On April 23, 2025, the Planning Commission received the staff report (Attachment 2). After receiving the applicant’s comments and asking questions of the applicant, the Planning Commission closed the public hearing and discussed the project. The Planning Commission was unable to make the required finding that the project was in compliance with the HDS&G due to the excessive depth of cut needed to construct an expanded garage and voted four to one to deny the application (Attachments 3 and 4).

C. Appeal to Town Council
The decision of the Planning Commission was appealed on April 30, 2025, by the property owner, Scott Kolander (Attachment 5). On the appeal form, the appellant states that there was an error or abuse of discretion by the Planning Commission and the Planning Commission’s decision is not supported by substantial evidence in the record. The appellant submitted a letter in support of their appeal (Attachment 5). Below are excerpts from the appellant’s letter in italics followed by staff’s response.

1. There was an error or abuse of discretion by the Planning Commission:

Excerpt from Appellant’s Letter: The existing terrain of the site, current location of the garage, and current site development will not accommodate any rebuild or expansion without a grading exemption to the Hillside Development Standards & Guidelines. The house and garage were built in the 1960s, well before the Hillside Development Standards & Guidelines came into effect. Without the benefit of the current standards in place at that time, the garage was built utilizing cut depths exceeding the current Standards/Guidelines.

Staff response: The current site conditions will likely accommodate a rebuild of a twocar garage; however, an expanded garage would require grading. The proposed accessory building and associated site grading exceed the maximum allowable cut depths of four feet outside the footprint of a primary residence. The applicant proposes maximum cut depths of 13 feet, six inches, for the accessory building (garage), 11 feet for the hardscape, and seven feet for the landscape. The following table illustrates the proposed cut depths.

ITEM NO. 24.

PAGE 4 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
Maximum Graded Cuts and Fills Depth
Site Element Proposed Cut
Depth (Ft)
Max Allowed
Cut Depth
(Ft)
Fill Earthwork Cut (CY)
Accessory building 13.5 4 0 122
Hardscape 11 4 0 57
Landscape 7 4 0 236
Excerpt from Appellant’s Letter: Commissioners were not able to visit or view the site, like with all other projects under consideration, because they were unable to find the property or got lost. The on-site visual opportunities and context were not afforded to this project, as with other projects. Internet resources, such as Google Earth, do not provide the same level of in-person visual context. As discussed with staff in preparation for the appeal, the owner has agreed to set a period of time (days) before the meeting by providing access to the gate at the driveway. The owner has dogs and will have them out of the way as well. The personal and visual aspect of the site will clearly illustrate the unique aspect of the site and the limitations with regards to grading cut depths.

Staff response: Several of the Planning Commissioners disclosed that they were not able to access the site due to difficulty finding the location or a locked gate (Attachment 3).

While the Planning Commission handbook discusses site visits as an option, neither the Planning Commission handbook nor the Town Code includes site visits as a requirement.

Excerpt from Appellant’s Letter: Approval or denial of Hillside Development Standards and Guidelines exemptions are not consistent.

Staff response: An Architecture and Site Application is a discretionary application. At their discretion, the deciding body administers the HDS&G in response to the merits of the application, the unique characteristics of the site, and the justification provided by the applicant.

Excerpt from Appellant’s Letter: The Planning Commission's denial prevents the owner from the opportunity to replace or expand a common accessory structure that exists with most single-family residential properties. The project meets all other Hillside Development Standards and Guidelines, except for grading and LRV.

Staff response: The Town Code requires that a property with a single-family dwelling provide two parking spaces on site. The site contains an existing 587-square foot twocar garage with an attached 96-square foot shed, providing the required on-site parking.

If the existing garage is in need of replacement, the site would likely accommodate a new garage of similar size with little grading impacts. The applicant proposes to demolish the existing two-car garage and construct a new 1,239-square foot, three-car garage and workspace. While the proposed garage would allow the property to continue to provide the required parking on site, the expanded footprint increases the

ITEM NO. 24.

PAGE 5 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
development intensity on the site and requires exceptions to the grading standards in the HDS&G.

As reflected in their discussion, the Planning Commission was generally supportive of the exception to LRV standards given the limited visibility of the project site.

Excerpt from Appellant’s Letter: Jeffrey Barnett asked Planning staff (after public comment was closed) if the grading limit is 50 cubic yards and the application is for 415 cubic yards and Planning staff confirmed yes. Please note that the Hillside Development Standards & Guidelines does not limit the amount of grading quantity. Rather 50 cubic yards is the threshold where a grading permit is required. This confirmation and line of questioning may have factored into the decision by certain Planning Commission members to deny an exemption for grading.

Staff response: The appellant/applicant is correct in stating that 50 cubic yards is the threshold for triggering a Grading Permit and that the HDS&G does not provide a nominal limit for cumulative grading quantities. The project includes site improvements outside of the building footprint with grading quantities of 293 cubic yards, requiring approval of a Grading Permit. The project also includes cut depths in excess of the limitations provided in the HDS&G, requiring an exception. The HDS&G includes grading standards such as cut and fill depth limitations to ensure that new construction retains the existing landform of the site and follows the natural contours. Cut and fill depths that exceed the standards are considered contrary to the objectives set forth in the HDS&G.

Excerpt from Appellant’s Letter: Planning Commission's concern about setting new precedence for other projects is not related to the unique and specific conditions of the already developed site.

Staff response: An Architecture and Site Application is a discretionary process considered on a case-by-case basis. The decision made on one application does not set a precedent for decisions on future applications.

Excerpt from Appellant’s Letter: Planning Commission's concern about safety and stability for exceeding grading cuts is subjective due to the lack of a geotechnical soils report supporting this. A Geotechnical soils report is submitted during the Building plan check, along with grading permits, not during the Planning review; however, it will be made available upon request.

Staff response: The Planning Commission deliberated on the aesthetics of the proposed cut and grading to the topography, as well as the safety it may pose.

Excerpt from Appellant’s Letter: Maximum grade cuts are based upon the existing terrain, preserving natural features and drainage and utilizing the existing garage

ITEM NO. 24.

PAGE 6 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
location. Note that the garage foundation level is being maintained in the addition thus the noted maximum cut noted in the garage line item.

A request for exemption is requested due to existing conditions on site. The garage is maintaining the same pad elevation as the existing removed. Due to the existing site configuration and constraints, cutting an additional 5.5' is necessary to maintain the same pad elevation. Elevating the garage would require significantly more grading and asphalt modifications. The same istrue for the additional 7' of cut for the miscellaneous hardscape and additional 3' of cut for the landscaping.

Staff response: Chapter III, Standard A.1 of the HDS&G notes that cuts and fills in excess of those provided in the following table levels are considered excessive and contrary to the objectives of the HDS&G. Grading should be minimized to the amount necessary to accommodate buildings and to site structures consistent with slope contours. The grading limitations are maximum numbers and may be increased by the deciding body if the project does not meet other grading standards or is not consistent with the goals and objectives of the HDS&G. The maximum allowed cut depth is four feet outside the footprint of a primary residence. The applicant proposes maximum cut depths of 13 feet, six inches, for the accessory building (garage), 11 feet for the hardscape, and seven feet for the landscape.

2. The Planning Commission’s decision is not supported by substantial evidence in the record:

Excerpt from Appellant’s Letter: The site is already developed. The garage is being rebuilt in the same location along with the increased area.

Staff response: The concerns of the Planning Commission were not that the garage was being rebuilt, but that the increase in size of the garage from a 587-square foot two-car garage with an attached 96-square foot shed to a new 1,239-square foot three car garage with a workshop necessitates cuts that exceed the maximum allowed standards in the HDS&G. The applicant proposes maximum cut depths of 13 feet, six inches, for

ITEM NO. 24.

PAGE 7 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
the accessory building (garage), 11 feet for the hardscape, and seven feet for the landscape, where the maximum allowed depth of cut is four feet.

Excerpt from Appellant’s Letter: The existing garage, built in the 1960's, is showing signs of aging and needs to be addressed. There is efflorescence on the existing CMU retaining wall that is causing oxidation of owner's contents in the garage. Portions of the roof framing show signs of deflection throughout the years and repairs need to be made to prevent future intrusion of insects and invasive organisms.

Staff response: The condition of the existing garage may justify its demolition and replacement; however, the concern of the Planning Commission was the excessive depth of cut and grading for demolishing the existing 587-square foot two-car garage and attached 96-square foot shed and replacing it with a new 1,239-square foot, threecar garage and workshop. The Planning Commission was unable to make the finding that the project was in compliance with the HDS&G due to excessive cut depths.

Excerpt from Appellant’s Letter: The Town's Architectural project review indicated there were no recommendations for changes.

Staff response: The Town’s Consulting Architect's task is to review the proposed design in terms of its compliance with the Residential Design Guidelines as it pertains to the terrain and the neighborhood context and not deliberate on the exceptions requested by the applicant for the project.

Excerpt from Appellant’s Letter: The existing garage, with relation to the existing slopes, exceeded these current limits when originally built in 1960's. Replacement or increasing area of any size would require an exemption.

Staff response: The proposed project is reviewed using the current standards stipulated in the HDS&G. The proposed project requires an exception for exceeding the maximum allowed depth of four feet cut. The applicant proposes maximum cut depths of 13 feet, six inches, for the accessory building (garage), 11 feet for the hardscape, and seven feet for the landscape.

Excerpt from Appellant’s Letter: A soils report was not requested during Staff review, which included Public Works Engineering that review grading, drainage and retaining wall configurations during planning, nor requested during the Planning Commission to allow a proper engineering review for the life safety and stability concerns of the Commission members.

Staff response: A soils report is not needed during the discretionary phase of the project, but would be required by the Town’s engineer during the Building Permit phase.

Excerpt from Appellant’s Letter: A follow up question by a commission member was asked if a geotechnical study done to support grading at these levels. The response was

ITEM NO. 24.

PAGE 8 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
yes, a soils report was performed that addresses both grading and foundation. The geotechnical engineer would supply a letter reviewing the structural engineer's foundation design and the civil engineer's grading design indicating substantial conformance with the conditions in the soils report during building plan check and grading permit. Please note that the geotechnical study and subsequent issuance of the soils report performed on June 13, 2024, contains the following:
 Analyzes regional setting, geology, landsliding, site, subsurface and ground water;  Laboratory testing for soil and bedrock properties along with moisture content & dry density;
 Findings for building site,slope stability and seismicity, including landsliding screening analysis;
 Recommendationsfor garage location, seismic design criteria, earthwork including grading and trenching, foundations, retaining walls, flat work and drainage;
 Conditions for plan view to ensure structural and civil design for the above elements are in substantial conformance to the issued soils report; and  Requirements for construction observation.

Staff response: A geotechnical study was not required during review of the Architecture and Site application, but would be required during review of a Building Permit for the project.

3. Supporting Elements: The applicant in the attachment to the appeal also provided supporting arguments to the proposed project, and excerpts are provided below:

Excerpt from supporting elements: Request for exemption for LRV exceeding 30 was accepted by the commission since the colors, textures and materials will match the primary structure. The structure (1960's) was built well before the Hillside Development Standards & Guidelines for LRV limits were adopted in 2004.

Staff response: As reflected in their discussion, the Planning Commission was generally supportive of the exception to LRV standards given the limited visibility of the project site.

Excerpt from supporting elements: There are numerous items that would fall out of compliance and other elements would need to be addressed if the garage were elevated 7' -0" to meet the grading cut length limitations of the Hillside Development Standards & Guidelines.
 Modification of the turnaround space in front of the garage to elevate it by 7'-0" and requiring 7'-0" of hardscape fill which exceeds the fill lengths in the Hillside Development Standards & Guidelines;
 Retaining walls added that would exceed 5'-0" in height. A stepped approach would interfere with the primary residence;

ITEM NO. 24.

PAGE 9 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
 Modification of the driveway steeper than it currently is, much beyond the 15 degrees allowed by the Hillside Development Standards & Guidelines;  Modification of the access to the primary structure and other portions of the property  The resultant height of the accessory structure would be approximately 7'-0" higher than the primary structure;
 Elevation of the accessory structure would increase visibility and may overturn the LRV exemption because of its new prominence and visibility outside of the property;  Fall out of compliance for the building height section in the Hillside Development Standards & Guidelines by being more than 3 feet above the existing grade; and  There are other items within the Hillside Development Standards & Guidelines that would fall out of compliance as a result of lifting the garage structure.

Staff response: The appellant notes that the expanded garage footprint would require other exceptions to the HDS&G were it modified to meet the grading depth limitations.

Outside of the footprint of the existing garage, the site is constrained by sloped terrain and expanded development would require additional exceptions to the HDS&G, which provides that existing natural features, such as existing topography, shall be retained to the greatest extent feasible and integrated into the development project.

Excerpt from supporting elements: As described by the dissenting Planning Commissioner, Steve Raspe, the project addresses Hillside Development Standards & Guidelines with satisfactory justification for LRV and grading exemptions and addresses County of Santa Clara Fire Department provisions to make the site safer than what currently exists today.

Staff response: As reflected in their discussion, the Planning Commission was generally supportive of the exception to LRV standards given the limited visibility of the project site. The project was reviewed and approved by the Santa Clara County Fire Department, which approved an Alternate Means/Methods Request (AMMR) for the project. The Planning Commission was unable to make the required finding that the project was in compliance with the HDS&G due to the excessive depth of cut needed to construct an expanded garage and voted four to one to deny the application.

Excerpt from supporting elements: The proposed project addresses fire-life safety as the site it is classified and located in a Very High Fire Hazard Severity Zone in State of California Responsibility Area as defined by CAL Fire (California Department of Forestry and Fire Protection) with the following provisions and mitigations:
 Approved AMMR (Alternate Means/Methods Request) #25-0417:
o Installation of a 5,000 gallon fire water tank;
o Installation and connection of a new wharf fire-hydrant; o Installation of NFPA 13D fire sprinklers in the garage; o Installation of 2-hour fire-rated walls between garage and breezeway; and o Install address signage at Cypress Way fork to accommodate increased visibility for emergency response personnel to effectively locate the property.

ITEM NO. 24.

PAGE 10 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
 Incorporation of State of California Wildland-Urban Interface Guidelines for building construction methods that reduce the hazard of building ignition with the following:
o Exterior cladding with ignition resistant materials (stucco); o Class A asphalt roof tiles;
o Closed eaves;
o Ember resistant soffit vents;
o Ember resistant ridge vents;
o Ember resistant gable-end vents;
o Metal-cladded door and frame assemblies with tempered glazing; o Windows double-paned and tempered;
o All doors have perimeter weather stripping; and
o Door bottoms included to reduce ember intrusion.
 Incorporation of State of California Wildland-Urban Interface Guidelines for defensible space to reduce hazardous vegetation around houses and reduce the potential severity of wildfire exposure with the following methods:
o Zone a- Incorporation of non-combustible surfaces and materials within 5' of the garage. A total of 2 trees have been removed in this zone as well; and o Zone 1 - Removing a total of 6 trees in this zone to accommodate grading and accommodate a tree canopy fire break along with maintaining ground cover, removing dead weeds and elevating remaining tree canopies to at least 6'-0" clear from the ground.

Staff response: The project was reviewed and approved by the Santa Clara County Fire Department, which approved an Alternate Means/Methods Request (AMMR) for the project.

Excerpt from supporting elements: The colors, textures and materials will match the primary structure. The scale of the structure is within zoning height limitations and complies with the Hillside Development Standards. Other attributes are discussed further in detail in the section above including architectural style, height, bulk, scale, roofs, windows, materials, architectural features, privacy, sustainable design and fire-life safety. An exemption has been requested for the LRV exceeding 30 since the intent for the proposed garage assembly is to have the same materials, textures and colors to match the existing residence for what is already established on site.  The colors, textures and materials will match the primary structure;  Exterior cladding is stucco and will match the main residence;  Roof is asphalt shingle tiles and will match the main residence Trim, gutters and facia will match the main residence;
 Doors will match the stucco color; and
 Lattice and breezeway wall will match the existing nearby BBQ terrace.

ITEM NO. 24.

PAGE 11 OF 11
SUBJECT: 16511 Cypress Way/S-24-045
DATE: June 12, 2025
Staff response: As reflected in their discussion, the Planning Commission was generally supportive of the exception to LRV standards given the limited visibility of the project site. The Planning Commission was unable to make the required finding that the project was in compliance with the HDS&G due to the excessive depth of cut needed to construct an expanded garage and voted four to one to deny the application.

PUBLIC COMMENTS:

Pursuant to Town policy, story poles are not required for this project as it is an accessory structure under 18 feet in height. Written notice was sent to property owners and residents within 500 feet of the subject property. Public comments received by 11:00 a.m., Thursday, June 12, 2025, are included as Attachment 6.

ENVIRONMENTAL REVIEW:

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15303(a): New Construction or Conversion of Small Structures.

CONCLUSION:

A. Recommendation
For the reasons stated in this report, it is recommended that the Town Council uphold the decision of the Planning Commission and adopt a resolution (Attachment 1) denying the appeal.

B. Alternatives
Alternatively, the Town Council could continue the application to a date certain and:

1. Provide direction to staff to prepare a resolution to grant the appeal and remand the application back to the Planning Commission with specific direction;

2. Provide direction to staff to prepare a resolution granting the appeal and approving the application; or

3. Continue the application to a date certain with other specific direction.

ATTACHMENTS:

1. Draft Resolution to Deny Appeal and Uphold the PC Decision

2. April 23, 2025 Planning Commission Staff Report, with Exhibits 1-9

3. April 23, 2025 Planning Commission Verbatim Minutes

4. April 24, 2025 Planning Commission Action Letter

5. Appeal of the Planning Commission Decision, received April 30, 2025_Redacted

6. Public comments received by 11:00 a.m., Thursday, June 12, 2025

ITEM NO. 24.

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ITEM NO. 24.

DRAFT RESOLUTION 2025-___

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING

A REQUEST TO DEMOLISH AN EXISTING ACCESSORY STRUCTURE AND CONSTRUCT A NEW ACCESSORY STRUCTURE EXCEEDING 1,000 SQUARE FEET IN GROSS FLOOR

AREA AND SITE IMPROVEMENTS REQUIRING A GRADING PERMIT ON PROPERTY ZONED HR-2½.

APN: 532-24-004
ARCHITECTURE AND SITE APPLICATION: S-24-045
PROPERTY LOCATION: 16511 CYPRESS WAY
APPELLANT: SCOTT KOLANDER
PROPERTY OWNERS: SCOTT AND JACKIE KOLANDER
APPLICANT: MICHAEL HARRIS
WHEREAS, on April 23, 2025, the Planning Commission held a public hearing and considered a request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a grading permit on property zoned HR-2½;
WHEREAS, the Town Code Section 12.20.015 (b) requires applying for a grading permit for any land disturbance of fifty (50) cubic yards or greater of graded material (combined total of cut and fill);
WHEREAS, the Planning Commission was unable to make the required finding that the project was in compliance with the Hillside Development Standards and Guidelines due to the excessive depth of cut needed to construct the proposed accessory structure and denied the Architecture and Site application;
WHEREAS, Planning Commission decisions are appealable in accordance with Town Code Section 29.20.275, which requires that the appellant demonstrate error or abuse of discretion; WHEREAS, abuse of discretion can be demonstrated if the decision was not based upon substantial evidence;
WHEREAS, on April 30, 2025, the appellant/property owner filed a timely appeal of the decision of the Planning Commission denying the request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a grading permit on property zoned HR-2½, indicating that there was an error or abuse by the Planning Commission and that the Planning Commission’s decision is not supported by substantial evidence in the record; Draft Resolution to be
modified by Town
Council deliberations
and direction.

ITEM NO. 24.

WHEREAS, this matter came before the Town Council for a public hearing on June 17, 2025, and was regularly noticed in conformance with state and Town law; WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on June 17, 2025, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council was unable to make the findings required to grant an appeal of a decision of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED:

In accordance with Town Code section 29.20.275, the Town Council finds and determines that:

1. There was not an error or abuse of discretion by the Planning Commission in denying the Architecture and Site application, because the application did not comply with the Hillside Development Standards and Guidelines.

2. The Planning Commission decision is supported by substantial evidence in the record, including, but not limited to, cut and fill depths that exceed the standards, which are considered contrary to the objectives outlined in the HDS&G, and includes site improvements outside of the building footprint with grading quantities of 293 cubic yards.

3. The appeal of the decision of the Planning Commission denying a request to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a grading permit on property zoned HR-2½ is denied, and the application denial is upheld.

4. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.

ITEM NO. 24.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of June 2025, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
__________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 24.

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ITEM NO. 24.

PREPARED BY: Suray Nathan
Assistant Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 04/23/2025
ITEM NO: 5
DATE: April 18, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 Square Feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. Located at 16511 Cypress Way. APN 532-24-004.

Architecture and Site Application S-24-045. Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures.

Property Owners: Jackie and Scott Kolander. Applicant: Michael Harris.

Project Planner: Suray Nathan.

RECOMMENDATION:

Denial.

PROJECT DATA:

General Plan Designation: Hillside Residential (0-1 dwelling unit/acre) Zoning Designation: HR-2½ - Hillside Residential
Applicable Plans & Standards: Town Code, General Plan, Hillside Development Standards and Guidelines
Parcel Size: 54,624 square feet
Surrounding Area:

Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-2½
South Residential Hillside Residential HR-2½
East Residential Hillside Residential HR-2½
West Residential Hillside Residential HR-2½

ITEM NO. 24.

PAGE 2 OF 7
SUBJECT: 16511 Cypress Way/S-24-045
DATE: April 18, 2025
CEQA:

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures.

FINDINGS:
 The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures;
 As required by Section 29.10.09030 (b)(2) of the Town Code for the demolition of an existing accessory structure;
 The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations);
 The project is in compliance with the Hillside Development Standards and Guidelines for single-family residences with the exceptions to grading depths and light reflective value; and
 The project complies with the Hillside Specific Plan.

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

ACTION:

The decision of the Planning Commission is final unless appealed within ten days.

BACKGROUND:

The subject property is located on the south side of Cypress Way, approximately 1.4 miles southeast of Los Gatos Boulevard (Exhibit 1). All surrounding properties are zoned Hillside Residential and developed with single-family residential uses. The property is zoned HR-2½ and has a gross lot size of 54,624 square feet. The average slope of the property is 32 percent, and the resulting net lot size is 21,849 square feet.

On August 30, 2024, the applicant applied for an Architecture and Site Application for a 1,239- square foot detached accessory structure consisting of a three-car garage with a workshop.

The proposed project meets the technical requirements of the Town Code for floor area, height, setbacks, and on-site parking. As required by the Hillside Development Standards and Guidelines (HDS&G), the project is being considered by the Planning Commission due to the proposed accessory structure exceeding 1,000 square feet in gross floor area. The applicant also requests exceptions to the HDS&G standards for light reflective value (LRV) and the depth

ITEM NO. 24.

PAGE 3 OF 7
SUBJECT: 16511 Cypress Way/S-24-045
DATE: April 18, 2025
of cut exceeding the maximum allowed for accessory buildings.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject property is located on the south side of Cypress Way, approximately 1.4 miles southeast of Los Gatos Boulevard (Exhibit 1). All surrounding properties are zoned Hillside Residential and developed with single-family residential uses.

B. Project Summary
The applicant is proposing a new 1,239-square foot detached accessory structure consisting of a three-car garage with a workshop. The proposed accessory structure would be located at the southeast end of the hillside property. The structure would have a maximum height of 15 feet, the maximum allowed for accessory structures. The project requires exceptions to the HDS&G for a LRV exceeding 30 and the depth of cut exceeding the maximum allowed for accessory buildings, hardscape, and landscape.

C. Zoning Compliance
A single-family residence is permitted in the HR-2½ zone. The proposed residence is in compliance with the allowable floor area, height, setbacks, and on-site parking requirements.

DISCUSSION:

A. Architecture and Site Analysis
The applicant proposes demolition of the existing 587-square foot two-car garage and attached 96-square foot shed with a breezeway (Exhibit 9, Sheet T-1). The maximum allowable floor area ratio for the subject lot is 4,900 square feet, and the total existing floor area is 3,777 square feet. The applicant proposes construction of a new 1,239-square foot, three-car garage with an approximately 19-foot breezeway for a total proposed floor area of 4,333 square feet. The site is located in a hillside neighborhood with large lots and many mature trees. The proposed garage is designed to complement the existing house, with three dormer windows that bring natural light into the interior. The applicant provided a Letter of Justification detailing the project and the requested exceptions to the HDS&G (Exhibit 4 and Exhibit 5). A summary of the floor area for the existing structures and the proposed garage is included in the following table.

ITEM NO. 24.

PAGE 4 OF 7
SUBJECT: 16511 Cypress Way/S-24-045
DATE: April 18, 2025
Floor Area Summary
Existing
Square Footage
Proposed
Square Footage
Main Level (Single Story) 2,377 2,377
Accessory Structure 1,117 1,117
Attached Structure 96 0
Garage 587 1,239
Subtotal 4,177 4,733
Garage Credit (up to 400 sf) (400) (400)
Total Countable Floor Area 3,777 4,333
B. Building Design
The Town’s Consulting Architect reviewed the proposed three-car garage with a breezeway on September 17, 2024 (Exhibit 6). The Consulting Architect had no issues or concerns and stated in the report that the proposed structure is characteristic of a carriage house style and shielded by landscaping from views of any adjacent neighbors. The Consulting Architect provided no recommendations for changes.

C. Building Height and Visibility
The proposed garage has a maximum height of 15 feet, which is the maximum allowable height per the HDS&G. The proposed structure is not visible per the HDS&G’s visibility analysis criteria.

D. Grading
The project includes site improvements outside of the building footprint with grading quantities of 293 cubic yards, exceeding the 50 cubic yard threshold for requiring approval of a Grading Permit. Site grading is summarized in the table below.

Site Grading Summary (cubic yards)
Cut Fill
Landscape 236 0
Hardscape 57 0
Total 293 0
E. Exceptions to the Hillside Development Standards and Guidelines Light Reflective Value exceeding 30 (Chapter V, Standard I.2, page 44):

The HDS&G includes a standard requiring that building colors and materials blend with the predominant colors and values of the surrounding natural environment. It requires that the colors of exterior materials for structures that are not visible do not exceed an average LRV

ITEM NO. 24.

PAGE 5 OF 7
SUBJECT: 16511 Cypress Way/S-24-045
DATE: April 18, 2025
of 30. The applicant proposes a color that matches the existing primary house, which has an LRV of 69, and the colors for facia, gutters, and downspouts of the house have an LRV of 93.

The applicant requests an exception to allow the application of the same color and materials with a greater LRV so the proposed structure will match the existing structure.

Grading depth of cut exceeding the maximum allowed (Chapter III, Standard A.1, page 20):

The HDS&G limits grading cut depths outside the footprint of a primary residence to four feet. The applicant proposes maximum cut depths of 13 feet, six inches, for the accessory building (garage), 11 feet for the hardscape, and seven feet for the landscape. The following table illustrates the proposed cut depths.

Maximum Graded Cuts and Fills Depth
Site Element Proposed Cut
Depth (Ft)
Max Allowed
Cut Depth (Ft)
Fill Earthwork Cut (CY)
Accessory building 13.5 4 0 122
Hardscape 11 4 0 57
Landscape 7 4 0 236
Exhibit 9, Sheet A1.1, illustrates the depth of cuts for the accessory building (blue), hardscape (maroon), and landscape (green). The applicant notes in the Letter of Justification that the grading and cut depths are needed to maintain the same pad elevation as the existing garage and that elevating the garage would require significantly more grading and asphalt modifications. The applicant added that the same is true for additional cuts for the hardscape and landscape (Exhibit 5).

F. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist (Exhibit 7). The inventory contains 10 protected trees comprised of seven different species: three coast live oaks; two canary island pines; one holly; one pistache; one black pine; one Monterey pine; and one silk tree.

The project proposes removal of eight protected trees (#615, #617, #618, #619, #620, #623, and #624), including a pine tree. The pine tree was proposed for removal after the Town’s Consulting Arborist review, but the Town’s Arborist verified the size and species (Exhibit 9, Sheet A1.0). The Consulting Arborist provided recommendations for tree preservation and planting 26 replacement trees to offset the proposed tree removal. In the Letter of Justification for the project (Exhibit 5), the applicant states that they are not proposing any tree replacement as planting new trees will result in a greater fire hazard than the original condition. The applicant proposes in-lieu fees as an alternative to the recommended planting of 26 trees.

ITEM NO. 24.

PAGE 6 OF 7
SUBJECT: 16511 Cypress Way/S-24-045
DATE: April 18, 2025
G. Parking and Guest Parking
Pursuant to Section 29.10.150 (c)(1) of the Town Code, a single-family residence requires two on-site parking spaces. The applicant has satisfied the requirement by including a detached three-car garage. The Hillside Specific Plan requires four additional guest parking spaces, and four guest spaces are proposed on the north side of the existing driveway (Exhibit 9, Sheet A1.1).

H. Neighbor Outreach
The applicant provided a sample letter and the list of homes where they hand-delivered the letter. They noted that only two neighbors are in the immediate vicinity of the property (Exhibit 8). No public comment was received at the time of this report's preparation.

I. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures.

PUBLIC COMMENTS:

Story poles are not required for this project as it is an accessory structure under 18 feet in height. Written notice was sent to property owners and residents within 500 feet of the subject property. No public comment was received at the time of this report's preparation.

CONCLUSION:

A. Summary
The applicant is requesting approval of an Architecture and Site application to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area and site improvements requiring a Grading Permit on property zoned HR-2 ½. The project is consistent with the property's zoning and General Plan Land Use designation. The project is in compliance with the objectives standards of the Town Code related to allowable floor area, height, setbacks, and on-site parking requirements. Due to the desired architectural program and the site's constraints, the applicant requests exceptions to the HDS&G for a LRV exceeding 30 and the depth of cut exceeding the maximum allowed for an accessory building (garage), hardscape, and landscape. The applicant provided a Letter of Justification discussing these requested exceptions (Exhibit 5). Aside from the requested exceptions, the project complies with the HDS&G.

ITEM NO. 24.

PAGE 7 OF 7
SUBJECT: 16511 Cypress Way/S-24-045
DATE: April 18, 2025
B. Recommendation
Based on the analysis provided above, staff recommends that the Planning Commission deny the Architecture and Site application as the proposed LRV and the depth of cut are not consistent with the HDS&G standards.

C. Alternatives
Alternatively, the Commission can:

1. Approve the application by taking the following actions:
a. Make the finding that the proposed project is Categorically Exempt pursuant to the adopted Guidelines for the implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures (Exhibit 2);
b. Make the findings as required by Section 29.10.09030 (b)(2) of the Town Code for the demolition of an existing accessory structure (Exhibit 2); c. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) (Exhibit 2);
d. Make the finding that the project complies with the Hillside Development Standards and Guidelines, with the exception to grading depths and LRV (Exhibit 2); e. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); and f. Approve Architecture and Site application S-24-045 with the conditions contained in Exhibit 3 and the development plans in Exhibit 9.

2. Continue the matter to a date certain with specific direction; or

3. Approve the application with additional and/or modified conditions.

EXHIBITS:

1. Location Map

2. Required Findings

3. Recommended Conditions of Approval

4. Project Description

5. Letter of Justification

6. Consulting Architect’s Report

7. Consulting Arborist’s Report

8. Applicant’s neighborhood outreach efforts

9. Development Plans

ITEM NO. 24.

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ITEM NO. 24.

TWELVE OAKS RD

PASEO CARMELO

RAVINIA WY

MIREVAL RD
16511 Cypress Way
0 0.125 0.25
Miles
°
EXHIBIT 1

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ITEM NO. 24.

N:\DEV\PLANNING PROJECT FILES\Cypress Way\16511\S-24-045\Public Meeting Documents\Planning Commission\

PLANNING COMMISSION – April 23, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
16511 Cypress Way
Architecture and Site Application S-24-045
Consider a Request for Approval to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 square feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR2½. APN 532-24-004. Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures.

Property Owners: Jackie and Scott Kolander
Applicant: Michael Harris
Project Planner: Suray Nathan

FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion of Small Structures.

Required finding for the demolition of existing structures:
■ As required by Section 29.10.09030 (b)(2) of the Town Code for the demolition of an existing accessory structure:

1. The Town's housing stock will be maintained as the accessory structure proposed for demolition is not a dwelling unit;

2. The existing structure has no architectural or historical significance;

3. The property owner does not desire to maintain the structure as it exists; and

4. The economic utility of the structures was considered.

Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations).

Required compliance with the Hillside Development Standards and Guidelines:
■ As required by the Hillside Development Standards and Guidelines (HDS&G), the project is in compliance with the applicable sections of the HDS&G with the exceptions to grading depths and light reflective value.

EXHIBIT 2

ITEM NO. 24.

N:\DEV\PLANNING PROJECT FILES\Cypress Way\16511\S-24-045\Public Meeting Documents\Planning Commission\

Compliance with Hillside Specific Plan
■ The proposed development is consistent with the development criteria included in the Specific Plan.

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

ITEM NO. 24.

PLANNING COMMISSION – April 23, 2025

CONDITIONS OF APPROVAL
16511 Cypress Way
Architecture and Site Application S-24-045
Consider a Request for Approval to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 square feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. APN 532-24-004.

Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures.

Property Owners: Jackie and Scott Kolander
Applicant: Michael Harris
Project Planner: Suray Nathan
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:

Planning Division

1. APPROVAL: 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, Development Review Committee, 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. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.

4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.

5. 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.

6. ARBORIST REQUIREMENTS: 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.

7. TREE FENCING: Protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed at the drip line of existing trees 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.

8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.

9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard EXHIBIT 3 Page 55 Page 675
ITEM NO. 24.
must be landscaped.

10. 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, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.

11. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of approval of the Architecture and Site application.

12. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall be minimized to the greatest extent feasible. Construction activities that include any tree removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird nesting season (January 15 through September 15) to the greatest extent feasible. If this type of construction starts, if work is scheduled to start or if work already occurring during the nesting season stops for at least two weeks and is scheduled to resume during the bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project construction. If 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. Two surveys for active nests of such birds shall occur within 14 days prior to start of construction, with the second survey conducted with 48 hours prior to start of construction. Appropriate minimum survey radius surrounding each work area is 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. 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.

13. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure demolition activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed, in trees within 50 feet of the development footprint, and within and surrounding any structures that may be disturbed by the project. These surveys will 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

ITEM NO. 24.
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.

If no roosting sites or bats are found, a letter report confirming absence will be prepared and no further measures are required.

If bats or roosting sites are found, a letter report and supplemental documents will be prepared prior to grading permit issuance and the following monitoring, exclusion, and habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they will be evicted as described under (b) below. If bats are found roosting during the nursery season, they will 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. If the roost is determined to not be a maternal roost, then the bats will be evicted as described under (b) below. 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 is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) will be established around the roosting site within which no construction activities including tree removal or structure disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures scheduled to be disturbed by project activities, the individuals will be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction.

If needed, other methods conducted under the direction of a qualified bat biologist could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance of any structures will be conducted no earlier than the following day (i.e., at least one night will be provided between initial roost eviction disturbance and tree removal/structure disturbance). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.

14. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50- meter radius of the find will be halted, the Community Development Director will be

ITEM NO. 24.
notified, and an archaeologist will be retained to examine the find and make appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions.

15. DUSKY-FOOTED WOODRATS: 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

ITEM NO. 24.
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.

16. 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.

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

Building Division

18. PERMITS REQUIRED:
a. A demolition permit is required for the complete demolition of the existing detached garage.
b. A Building Permit is required for the construction of a new detached garage and associated retaining walls.

19. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los

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Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12.

20. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan sheets within 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.

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

22. 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.

23. 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

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

25. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2022 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182. a. Provide defensible space/fire break landscaping plan prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182.
b. Prior to final inspection, provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182.

26. 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.

27. 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. The specification sheet is available online at www.losgatosca.gov/building.

28. 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. 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

29. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND INSPECTION FEE – At the time of the first construction submittal, the Applicant shall submit to the Town Engineer for approval a detailed construction project cost estimate prepared and stamped by the Applicant’s civil engineer. The cost estimate shall break out on-site and off-site improvements separately. This cost estimate will be used to determine the Engineering Plan Check Fee. A final construction cost estimate shall be provided once the project plans are approved. This cost estimate will be used to determine the Engineering Inspection Fee. The Engineering Inspection Fee must be paid prior to the issuance of any construction related permit.

30. CONSTRUCTION ACTITIVITIES 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 the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-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. The project plans indicate the new building area of 1,239 SF resulting in a fee of $1,771.77. Payment of this fee shall pe paid prior to issuance of the first building permit.

31. 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.

Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the grading permit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), 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

ITEM NO. 24.
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 monies; or (3) 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. The grading permit shall be issued prior to the issuance of the building permit unless otherwise allowed by the Town Engineer. 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 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.

32. 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. Tree removals shall be consistent with the arborist report and approved entitlement plans.

33. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Grading Permit Plans (“Grading Plans”) shall be submitted to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Grading Plans are submitted.

The Grading Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.
a. 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 Grading Plans shall include:
b. 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

ITEM NO. 24.
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. c. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
d. 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 Grading Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented. e. 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 proposed wall. Include utility details. 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. Distinguish proposed linework from existing linework using heavier line type for proposed.
f. 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.
g. A Landscaping Plan for the project site shall clearly identify public and private utilities and points of demarcation between the two.
h. General Notes found in the Town of Los Gatos General Guidelines. i. 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

34. 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.

35. UTILITY RESPONSIBILITIES – The Applicant is responsible for all expenses necessary to connect to the various utility providers. Currently, 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, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.

36. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for

ITEM NO. 24.
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.

37. SITE DRAINAGE – Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.

38. OFF-SITE DRAINAGE – The Applicant shall not alter any existing drainage patterns without an approved Grading Permit.

39. 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. 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.

40. EROSION CONTROL – The Applicant shall prepare and submit 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 must 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 erosion control plans shall follow applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). 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 Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.

41. GEOTECHNICAL REVIEW – 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 and fee for the peer review will be required per the Town’s current fee schedule, unless there are any

ITEM NO. 24.
remaining deposit funds from the entitlement phase. The Town will route the design level geotechnical report to the Town’s peer review consultant once the report is submitted and deposit and fee are available. 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.

42. 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.

43. 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 PPW 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 each of the following:
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.
c. They will post a copy of these project Conditions of Approval on-site and ensure the posting always remains intact during construction.

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.

44. 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

ITEM NO. 24.
conditions.

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

45. PROJECT CONSTRUCTION SETUP – All storage and office trailers will be kept off the public right-of-way.

46. PUBLIC WORKS CONSTRUCTION NOTICE – The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the Contractor shall provide an initial project construction schedule and a 24-hour emergency telephone number list.

47. PROJECT CONSTRUCTION SCHEDULE – The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal. The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same formats as the original.

48. PROJECT CONSTRUCTION HANDOUT – The Contractor shall provide to the Town Engineer for approval a construction information handout for the purpose of responding to questions the Town receives regarding the project construction (one- or two-page document).

49. PROJECT CONSTRUCTION SUPERVISION – The Contractor shall always provide a qualified supervisor on the job site during construction.

50. PUBLIC WORKS CONSTRUCTION INSPECTION – All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall be removed as deemed appropriate by the Town Engineer.

51. PROJECT CONSTRUCTION HOURS – Construction activities related to the issuance of any PPW permit shall comply with Town Code Section 16.20.035 which restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. No work shall be done on Sundays or 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 Encroachment Permit may be performed on the weekend unless prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure. Such a need would be presented by the project's design engineer and require approval of the Town Engineer.

ITEM NO. 24.
c. An emergency 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.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts.
e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity. f. 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.
g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours 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.
h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.

52. PROJECT CONSTRUCTION BMPs – 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 ordinances, the project specific temporary erosion control plan, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.

53. PROJECT CONSTRUCTION EXCAVATION – The following provisions to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
a. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. c. 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.
d. 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 to ensure proper control of blowing dust for the duration of the project. e. 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

ITEM NO. 24.
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 José Water Company.
f. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions more than 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
h. 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. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. i. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. j. 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.
k. 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.
l. 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. m. 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.

54. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant 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 Cypress Way to Loma Alta Avenue to Los Gatos Boulevard to Los Gatos-Saratoga Road to Highway 17. 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 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

ITEM NO. 24.
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. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.

55. 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 required improvements 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.

56. 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).

57. SITE WATER DISCHARGE – In accordance with the Town Code, Prohibition of Illegal Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve in coordination West Valley Sanitation District the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of

ITEM NO. 24.
disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Town Engineer.

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

PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES

58. 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 stormwater facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair if 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 rates.
b. Maintenance of the storm drain inlets “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 always stored in covered containers. 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:

59. 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.

60. VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ): The subject property is located within the Very High Fire Hazard Severity Zone (VHFHSZ) of the Local Responsibility Area (LRA).

Pursuant to California Public Resources Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to" ... adopt regulations implementing minimum fire safety standards related to defensible space" applicable to "the perimeters and access to all

ITEM NO. 24.
residential, commercial, and industrial building construction." In 2018, the Legislature passed and the Governor signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. All comments below that result from PRC 4290 are identified by**. Where a conflict exists between local & 4290 requirements, the more stringent requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.08

61. FIRE SPRINKLERS REQUIRED: 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 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. Fire sprinklers proposed in new garage as part of the AMMR condition PC 25-0417. Make a note on coversheet that a AMMR is included in this project. A copy of the approved Alternate Means/Methods application form (with approval signature), justification letter, and these comments shall be made part of all subsequent submittals (Building, planning, etc.), to be routed to Santa Clara County Fire Department for final approval.

62. PRIVATE FIRE PROTECTION SYSTEM:Residential fire protection systems shall comply with Fire Department Standards W-1 and manufacturer'srequirements. Fire protection water systemsshall be submitted for review and approval by SCCFD prior to installation. The wharf hydrant shall be accessible at alltimes. Tank systems providing both the domestic supply and supply to the sprinkler system and/or hydrant may require cross contamination protection. Check with the local Building Department for specific requirements related to protection of the domestic supply.

New 5000 gallon water tanks noted on Sheet A1.1. Make a note on coversheet that private fire protection system will be provided as part of the approved AMMR condition. Sign shall be posted on the wharf hydrant indicating it is supplied by a 5,000 gallon tank.

63. FIRE HYDRANT SYSTEMS REQUIRED: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1] Show wharf hydrant and vehicle impact protection bollard on plans as part of the approved AMMR condition. Sign shall be posted on the wharf hydrant indicating it is supplied by a 5,000 gallon tank.

64. 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.

ITEM NO. 24.

65. NOTE: 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. 24.
3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com

PROJECT DESCRIPTION
Town of Los Gatos
Community Development Department
110 E. Main Street | Los Gatos, CA 95031
www.losgatosca.gov
Plan Check: S-24-045
Architecture and Site Development Application
Address: 16511 Cypress Way | Los Gatos, CA
Description: Garage & Breezeway Replacement
Summary of Project
The proposed project is to replace an existing single-story two-car garage of 587 square feet and shed of 96 square feet with a new single-story three-car garage of 1,239 square feet. The new garage will be in the same location and the maximum height at the ridge line is 15’-0” above the foundation level. In addition, the existing breezeway will be replaced in the same location. There is minimal impact to the surrounding areas and properties. The proposed design falls within the regulations of the hillside development standards and matches the aesthetic of the existing residence.

EXHIBIT 4

ITEM NO. 24.
2 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com County of Santa Clara Fire Department
The site is located in a very high fire hazard severity zone (VHFHSZ), the Fire Department requires the following.

Fire Apparatus Road – minimum width of 20 feet width 13 feet 6 inches vertical clearance. The section of Cypress Way from the main section to the residence is a 12-foot wide country road about 0.325 miles (1,750 feet) with significant barriers to accommodate a 20-foot minimum width such as existing residences along with inclines and declines at the cross sections that would require significant retaining walls, removal of several trees/foliage and possibly eminent domain in order to achieve. This is an extremely expensive compliance item and is significantly disproportionate to the total cost of the project.

In turn, an alternate materials and methods of construction application has been filed with the County of Santa Clara Fire Department for mitigations. Please refer to the Wildland Urban Interface Compliance section of this Project Justification for details.

Driveway entrance to accommodate a turning radius of 50 feet outside and 30 feet inside with a maximum slope of 15%. Slopes at the driveway exceed 15% and turning radii currently does not exist on the property without significant demolition, grading, paving and retaining walls in order to achieve. Alternatively, providing a turnout along Cypress Way resulting in significant retaining walls at the front portion of the property. The added cost would be disproportionate to the total cost of the entire project without this element. In turn, an alternate materials and methods of construction application has been filed with the County of Santa Clara Fire Department for mitigations. Please refer to the Wildland Urban Interface Compliance section of this Project Justification for details.

ITEM NO. 24.
3 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Fire hydrant within 400 feet of the property line
located on a fire apparatus road along the front
approach to the property or 600 feet if fully
sprinklered. The nearest fire hydrant along the
front approach of the property is located
approximately 1,975’ away to the west. This
would require routing a 6” water line along a
road with minimal clearance. The cost and
feasibility of installing such a line along with a
fire hydrant will be significantly disproportionate
to the cost of the entire project.

An alternate materials and methods of
construction application has been filed with and
approved by the County of Santa Clara Fire Department to include installation of NFPA 13D fire sprinklers in the garage only (not main residence), 2-hour fire-barrier between the garage and breezeway for a fire break and installation of a 5,000 gallon fire water storage polyethylene tank of approximately 10-foot diameter by 9-feet 4-inches tall on site and connected to a wharf hydrant at the front of the property.

Fire department (engine) driveway turnaround of 40 feet. The existing area at the top of the driveway does not accommodate a 40-foot radius turnaround. The current turnaround space is 16-foot radius.

Significant modifications and retaining walls would be required in order to achieve this. The added cost would be disproportionate to the total cost of the entire project without this element. In turn, an alternate materials and methods of construction application has been filed with and approved by the County of Santa Clara Fire Department for mitigations.

Wildland Urban Interface Compliance
There are several Wildland Urban Interface compliance items being implemented into the project. In the end, the garage will be safer and more ignition resistant than before the project. The following items are being incorporated into the project.

Exterior cladding - ignition resistant materials - stucco Roof materials - Class A asphalt roof tiles
Closed eaves
Ember resistant soffit vents
Ember resistant ridge vents
Ember resistant gable-end vents
Metal-cladded door assemblies with tempered windows
Windows double-paned and tempered
All doors have perimeter weather stripping and door bottoms to reduce ember intrusion

ITEM NO. 24.
4 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Vegetation management & defensible breaks
Zone 0 (5'-0") will be concrete on the back of the garage, asphalt in the front of the garage, mostly existing pavement on the west side and concrete or rock-line swale on the east. There is a 3' section that a rock-gravel surface may be added to ensure no landscaping. Also removing 2 trees currently next to structure.

Zone 1 (30'-0") - existing trees to remain unless removed due to grading; owner to maintain ground cover to remove dead weeds. Canopies elevated to at least 6’-0” clear from the ground.

Zone 2 (100'-0") - existing trees to remain unless removed due to grading; no proposed further modifications.

Alternate Materials and Methods of Construction (AMMC):

In Lieu of the following items:
• Fire apparatus access roadway clearances – street width of 20’-0” clear by 13’-6” high – actual road is 12’-0” wide and doesn’t achieve height requirements • Fire department driveway turnaround clearance – driveway area does not accommodate 40’ minimum outside turning radius.
• Fire hydrant distance within 400’ or 600’ if fully sprinklered – actual fire hydrant is approx. 1,975’ away from the property line.

The following is being proposed due to the scale of the project. Please note that this approach has been discussed with the County Fire Department and is part of the AMMC application process, which has been approved under SCCFD 25-0417.
• NFPA 13D fire sprinkler system in garage structure only. The main residence will remain unsprinklered. Also, include a 2-hour fire-barrier wall assembly at garage between breezeway • 5,000 gallon fire water storage polyethylene tank (no pump) located at least 10’-0” from garage structure with 4” diameter underground water line and connection to a new wharf fire hydrant located at the northeasterly corner of the property adjacent to the driveway access. Impact protection bollards are set between the hydrant and driveway to prevent accidental damage.

Signage is posted on the wharf hydrant indicating it is supplied by a 5,000 gallon tank. • Address directional and identification signage visible from the approaching corner (east corner) of Cypress Way where the road splits in two directions.

ITEM NO. 24.
5 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Compliance with Zoning Code
Project Data
Occupancy R-3/U
Type of Construction: V-B
Sprinklered (Main Residence): No
Sprinklered (Garage): Yes, NFPA 13D
Stories: One
APN: 532-24-004
Zoning: HR-2½
Site Area: (1.257 acres) 54,624.24 sqft.
(Single-family dwelling unit)
Average Lot Slope: ~32%
Reduction on net site area on sloping lots (60%) 21,849.60 sqft.

Existing House Area: 2,377 sqft.

Removed Accessory Area (Detached Garage): 587 sqft.

Removed Accessory Area (Shed): 96 sqft.

Added Accessory Area (Detached Garage): 1,239 sqft.

Proposed Building Accessory Height: 15’-0”
Allowed Maximum Accessory Height: 15’-0”
Floor Area Ratio: 19.83%
Allowed Maximum Floor Area Ratio: Table 2
(Hillside Development Standards & Guidelines) 4,900 sqft.

Resident Parking: 3 covered
Guest Parking: 4 uncovered
Project Area: 1,239 sqft.

ITEM NO. 24.
6 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com HR-2 ½ Zone:
2 ½ to 10 acres for each dwelling unit
Actual site area: 1.257 acres
Permitted uses
Single-family dwelling (no more than 1 principle residential structure per lot) Actual use – one single-family dwelling
Minimum lot area: 40,000 sqft.

Actual lot area: 54,624.24 sqft.

Minimum lot width: 100’-0”
Actual lot width: 320’-3”
Maximum height for accessory building: 15’-0”
Proposed accessory building height: 15’-0”
Landscaping is required in yards abutting scenic roads. Existing vegetation shall be left in a natural state.

Existing landscaping in front along Cypress Way is to remain undisturbed and is more of a natural state.

ITEM NO. 24.
7 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Compliance with Hillside Development Standards & Guidelines Chapter II – Constraints Analysis and Site Selection
Site selection and constraint analysis
• Site is already developed for this project.
• LRDA – there are some areas on site where the topography exceeds 30%. Site plan illustrates the specific locations for LRDA exceeding 30% and the project area is located outside of this boundary • Vegetation is intended to remain natural. Any grading per the civil plans restore terrain back to its natural state to match existing
• Drainage courses – project accommodates existing drainage into rock swales along the side of the driveway. Reference civil plans for further detail
• Septic systems – the main house already has a septic system and the location is well outside of the project area. There are no plumbing fixtures nor hose bibbs being installed as part of this project so the septic system remains unchanged
• Geologic constraints – identified on the soils report for the foundation and associated grading.

Grading is highlighted on the civil plans. The retaining wall design and garage foundation design will be based upon the recommendations of the geotechnical engineer in the soils report and submitted as part of the building plan check process.
• Wildlife habitats and movement corridors – the project is expected to have minimal or no impact on the existing wildlife. As part of the conditions of approval, a biologist will investigate and provide a report. Construction activity to adhere to the established restrictions to support any possible habitat • Visibility from off the site – low visibility due to structure being under the 18’ constraint established in the Hillside Development Standards.
• Areas of severe fire danger – site is located in very high fire hazard severity zone (VHFHSZ); Wildland Urban Interface provisions implemented into the project (see compliance section in this document) • Solar orientation and prevailing wind patterns – site is already established including garage location.

The project maintains the existing solar orientation and prevailing wind patterns. • Significant Ridgelines – the site is located down from any significant ridgeline and the scale of the accessory building is below the 18’ constraint established in the Hillside Development Standards.

Consultation with Neighbors
• There are two other residences on the section of Cypress Way near the project area. Property owners have discussed with both residents in detail about the project.

Visibility Analysis
• A visibility analysis is not required since the project is involving only a residential accessory structure at 15’ high which is less than the 18’ constraint referenced in the Town of Los Gatos Hillside Development Standards and Guidelines.

ITEM NO. 24.
8 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Chapter III – Site Planning
Grading – reference civil drawings for further information.

Maximum grade cuts are based upon the existing terrain, preserving natural features and drainage and utilizing the existing garage location. Note that the garage foundation level is being maintained in the addition thus the noted maximum cut noted in the garage line item.

A request for exemption is requested due to existing conditions on site. The garage is maintaining the same pad elevation as the existing removed. Due to the existing site configuration and constraints, cutting an additional 5.5’ is necessary to maintain the same pad elevation. Elevating the garage would require significantly more grading and asphalt modifications. The same is true for the additional 7’ of cut for the miscellaneous hardscape and additional 3’ of cut for the landscaping.

Drainage – Project utilizes existing drainage into rock swales along the side of the driveway. Reference civil plans for further detail
Driveway – no proposed modifications to the existing driveway. Driveways are at least 12’ wide, however do not accommodate the 3’ shoulder in all areas. The slope exceeds 15% with the average slope at 22%.

Driveway is fully paved.

Parking – there are 3 covered parking spaces for the residents and 4 uncovered parking spaces for guests Geologic hazards – identified on the soils report for the foundation and associated grading. Grading is highlighted on the civil plans. The retaining wall design and garage foundation design will be based upon the recommendations of the geotechnical engineer in the soils report and submitted as part of the building plan check process.

Fire hazards – site is located in very high fire hazard severity zone (VHFHSZ); Wildland Urban Interface provisions implemented into the project (see compliance section in this document) Chapter IV – Development Intensity
Maximum allowable developement – project is in compliance per Table 2

ITEM NO. 24.
9 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Chapter V – Architectural Design
The colors, textures and materials will match the primary structure. The scale of the structure is within zoning height limitations and complies with the Hillside Development Standards.

Exterior cladding – stucco to match the existing house
Roofing – asphalt shingles in the same style and color as the existing house Introduction of dormers to provide architectural features that are in harmony with the natural environment and breaks up the standard gable blandness. The mass is fairly subtle especially with the limited height to 15’-0”.

Scale of the project maintains low to no visual impact to the neighbors. Placement on the site supports compatibility with the immediate neighborhood context
Sustainability – comply with provisions of the California Green Building Code for residential measures.

Implementation of wildland urban interface features
Chapter VI – Site Elements
The use of new retaining walls are limited to 5-feet high are of split-faced CMU matching existing splitfaced CMU retaining walls already established on site. New retaining walls will also blend with the natural topography and follow natural drainage paths. The length of the longest proposed site retaining wall at the rear of the garage is approximately 74-feet. As part of the noted 74-foot length, there is a 4-foot section at the stair assembly then a straight run along the south without a break is 40-feet then a run of 30-feet perpendicular to the east of the garage. This complies with the maximum 50-foot retaining wall straight run limitation.

Outdoor lighting is to be subtle and maintain existing established styles. Outdoor lighting is very minimal on this project (replacement of garage fixtures) and will comply with CALGreen requirements for light cutoff and meet CA Title 24 requirements.

Chapter VII – Landscape Design
Compliance with Wildland Urban Interface defensible space guidelines. See section for further description for attributes. Any land disturbance will be restored for natural landscaping to match existing. As part of the project trees will be removed in the area of project impact and partially to address defensible space guidelines.

Tree removal is necessary to accommodate the new garage size with the grading and drainage required.

The Town’s Arborist report identifies 4 trees to be removed, however this was based upon the original submittal before comments were received. The resubmittal has shown a total of 8 trees to be removed in order to comply with the requirements in the Hillside Development Standards for retaining walls limited to 5-foot high and WUI (Wildland Urban Interface) requirements through AMMC (25-0417). The site is located in a very high fire hazard severity zone (VHFHSZ).

Tree replacement is not being proposed due to WUI requirements as planting new trees will result in a greater fire hazard than the original condition, especially when the trees are fully mature. Tree canopies in Zone 1 shall not touch in order to accommodate a reasonable fire break. Planting any new tree would not accommodate this. In-lieu fees are being requested instead of planting any new trees.

ITEM NO. 24.
10 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Compliance with Residential Design Guidelines
The colors, textures and materials will match the primary structure. The scale of the structure is within zoning height limitations and complies with the Hillside Development Standards. Other attributes are discussed further in detail in the section above including architectural style, height, bulk, scale, roofs, windows, materials, architectural features, privacy, sustainable design and fire-life safety. An exemption has been requested for the LRV exceeding 30 since the intent for the proposed garage assembly is to have the same materials, textures and colors to match the existing residence for what is already established on site.

Compatibility with Immediate Neighborhood Context
The project scale is a single-story accessory structure that is limited to 15’-0” high. The materials, colors and textures match the existing residence and by nature are already compatible with the neighborhood context consisting of single-family residences. Massing has minimal impact as shown in the site section below.

ITEM NO. 24.
11 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Materials, colors and texture
The colors, textures and materials will match the primary structure.

Exterior cladding is stucco and will match the main residence Roof is asphalt shingle tiles and will match the main residence Trim, gutters and facia will match the main residence
Doors will match the stucco color
Lattice and breezeway wall will match the existing nearby bbq terrace

ITEM NO. 24.

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ITEM NO. 24.
3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com

REQUEST FOR EXEMPTION
Town of Los Gatos
Community Development Department
110 E. Main Street | Los Gatos, CA 95031
www.losgatosca.gov
Plan Check: S-24-045
Architecture and Site Development Application
Address: 16511 Cypress Way | Los Gatos, CA
Description: Garage & Breezeway Replacement
LRV Exceeding 30
The colors, textures and materials will match the primary structure. The scale of the structure is within zoning height limitations and complies with the Hillside Development Standards. Other attributes are discussed further in detail in the section above including architectural style, height, bulk, scale, roofs, windows, materials, architectural features, privacy, sustainable design and fire-life safety. An exemption has been requested for the LRV exceeding 30 since the intent for the proposed garage assembly is to have the same materials, textures and colors to match the existing residence for what is already established on site.

The colors, textures and materials will match the primary structure.

Exterior cladding is stucco and will match the main residence Roof is asphalt shingle tiles and will match the main residence Trim, gutters and facia will match the main residence
Doors will match the stucco color
Lattice and breezeway wall will match the existing nearby bbq terrace EXHIBIT 5

ITEM NO. 24.
2 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Cut and Fill Exceeding Maximum Allowed
Maximum grade cuts are based upon the existing terrain, preserving natural features and drainage and utilizing the existing garage location. Note that the garage foundation level is being maintained in the addition thus the noted maximum cut noted in the garage line item.

A request for exemption is requested due to existing conditions on site. The garage is maintaining the same pad elevation as the existing removed. Due to the existing site configuration and constraints, cutting an additional 5.5’ is necessary to maintain the same pad elevation. Elevating the garage would require significantly more grading and asphalt modifications. The same is true for the additional 7’ of cut for the miscellaneous hardscape and additional 3’ of cut for the landscaping.

ITEM NO. 24.
3 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Page 87 Page 707 ITEM NO. 24.
4 3360 De La Cruz Blvd. | Santa Clara, CA 95054 | 408-648-4500 | CA Lic 443949 | www.ba-builders.com Additional Trees Removed & In Lieu Fee Request
Tree removal is necessary to accommodate the new garage size with the grading and drainage required.

The Town’s Arborist report identifies 4 trees to be removed, however this was based upon the original submittal before comments were received. The resubmittal has shown a total of 8 trees to be removed in order to comply with the requirements in the Hillside Development Standards for retaining walls limited to 5-foot high and WUI (Wildland Urban Interface) requirements through AMMC (25-0417). The site is located in a very high fire hazard severity zone (VHFHSZ).

Tree replacement is not being proposed due to WUI requirements as planting new trees will result in a greater fire hazard than the original condition, especially when the trees are fully mature. Tree canopies in Zone 1 shall not touch in order to accommodate a reasonable fire break. Planting any new tree would not accommodate this. In-lieu fees are being requested instead of planting any new trees.

ITEM NO. 24.

September 17, 2024
Mr. Suray Nathan
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 16511 Cypress Way
Dear Suray:

I reviewed the drawings and evaluated the neighborhood context. My comments and recommendations on the design are as follows:

NEIGHBORHOOD CONTEXT
The site is located in a hillside neighborhood with heavy mature landscaping and large lots and homes. Photos of the site and its surrounding neighborhood are shown on the following page.

EXHIBIT 6

ITEM NO. 24.
16511 Cypress Way
Design Review Comments
September 17, 2024 Page 2
House below this site

THE SITE CONTEXT
View from below up to site

THE SITE CONTEXT

ITEM NO. 24.
16511 Cypress Way
Design Review Comments
September 17, 2024 Page 3

PROPOSED PROJECT
Proposed site plan
Proposed Floor Plan
Proposed Front Elevation
Existing garage and breezeway
Proposed Cross Section at dormers
Proposed Side Elevation
Proposed Longitudinal Section

ITEM NO. 24.
16511 Cypress Way
Design Review Comments
September 17, 2024 Page 4

ISSUES AND RECOMMENDATIONS
The proposed project is a replacement of an existing garage and breezeway. It is modest in size and design. It proposes roof dormer windows which are characteristics of carriage house but perfectly acceptable as windows bringing natural light into the garage interior. The area is well shielded by landscaping from views of any adjacent neighbors.

I have no recommendations for changes.

Suray, please let me know if you have any questions or if there are any issues that I did not address.

Sincerely,

CANNON DESIGN GROUP
Larry L. Cannon

ITEM NO. 24.

Tree Inventory, Assessment,
and
Protection Report
16511 Cypress Way
Los Gatos, CA 95032
Prepared for:

Town of Los Gatos
November 6, 2024
Prepared By:

EXHIBIT 7 Page 93 Page 713
ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Table of Content
Summary ...............................................................................................................1 Introduction...........................................................................................................1 Background ............................................................................................................1 Assignment.............................................................................................................1 Limits of the assignment ........................................................................................1 Purpose and use of the report................................................................................2 Observations.........................................................................................................2 Tree Inventory .........................................................................................................2 Analysis .................................................................................................................4 Discussion.............................................................................................................5 Condition Rating.....................................................................................................5 Mitigation for Removals..........................................................................................6 Expected Impacts...................................................................................................7 Tree Protection .......................................................................................................8 Conclusion ............................................................................................................8 Recommendations ...............................................................................................9 Bibliography ........................................................................................................10 Glossary of Terms...............................................................................................11 Appendix A: Tree Inventory, Site Plan, and Protection....................................13 Appendix B: Tree Inventory and Assessment Tables ......................................14 Appendix C: Photographs..................................................................................15 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
C1: Trees #616, #623 and #624............................................................................15 C2: Trees #617, #618, and #619...........................................................................16 C3: Holly #615 ......................................................................................................17 Appendix D: Tree Protection Guidelines...........................................................18 D1: Plan Sheet Detail S-X (Type I) ........................................................................18 D2: Plan Sheet Detail S-Y (Type III) ......................................................................19 D3: Section 29.10.1005. - Protection of Trees During Construction ....................20 Tree Protection Zones and Fence Specifications.................................................20 All persons, shall comply with the following precautions.....................................21 Prohibited Activities..............................................................................................21 Monitoring ............................................................................................................22 Root Pruning.........................................................................................................22 Boring or Tunneling...............................................................................................22 Tree Pruning and Removal Operations.................................................................22 Appendix E: Tree Protection Signs....................................................................23 E1: English............................................................................................................23 E2: Spanish...........................................................................................................24 Qualifications, Assumptions, and Limiting Conditions...................................25 Certification of Performance.............................................................................26 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Summary
The applicant is requesting approval for construction of accessory structures exceeding 1,000 square feet in gross floor area and site improvements on property zoned HR-2 1/2. APN 532-24-004. Exempt pursuant to the CEQA Section 15303(a):
new construction or conversion of small structures.

The inventory contains ten (10) trees comprised of seven (7) different species. There are no Large Protected, Exempt, or Street Trees. Seven trees are in good condition and the remaining three are in fair shape. One pine tree #619 has signs of red turpentine beetles (Dendroctonus valens).

Four trees are expected to be highly impacted and removed which included holly #615 (Ilex aquifolium) Chinese pistache (Pistacia chinensis) #617, coast live oak (Quercus agrifolia) #618, and silk tree (Albizia julibrissin) #624. One tree, coast live oak #623, could be moderately impacted. The remaining five trees are not expected to be affected.

Tree protection will consider of fence around those to remain at their calculated tree protection radius of eight times their trunk diameter in feet.

The applicant will be required to replace four protected trees.

There were ten (10) protected trees appraised for a rounded depreciated value of $17,690.00.

Introduction
Background
The Town of Los Gatos asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning
requirements.

Assignment
• Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings. Affix number tags on the trees for reference on site and on plans.
• Provide tree protection specifications, guidelines, and impact ratings for those affected by the project.
• Provide appraised values using the Trunk Formula Technique.

Limits of the assignment
• The information in this report is limited to the condition of the trees during my inspection on October 22, 2024. No tree risk assessments were performed.
• Tree heights and canopy diameters are estimates.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 1 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
• The plans reviewed for this assignment were as follows (Table 1). Purpose and use of the report
The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the Town of Los Gatos and the property owners as a
reference for existing tree conditions to help satisfy planning requirements.

Observations
Tree Inventory
The inventory consists of trees protected by the Town of Los Gatos located on site and those in close proximity on
neighboring properties. Sec. 29.10.0960. - Scope of protected trees. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (Appendix A and B). Los Gatos Town Ordinance 29.10.0970 Exceptions (1) states the following: “A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference).

Table 1: Plans Reviewed Checklist
Plan Date Sheet Reviewed Source
Existing Site
Topographic
Proposed Site
Plan
July 2024 A1.1 Yes Bay Area
Builders, Inc.

Erosion
Control
Grading and
Drainage
July 2024 C1 Yes R.I.

Engineering
Inc.

Utility Plan
and Hook-up
locations
Exterior
Elevations
July 2024 A3.1 -
A3.3
Yes Bay Area
Builders, Inc.

Landscape
Plan
Irrigation Plan
T-1 Tree
Protection
Plan
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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
The inventory contains ten (10) trees comprised of seven (7) different species. There are no Large Protected , Exempt , or Street 1 2 Trees (Chart 1). 3
Large protected tree means any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or 1 greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).

A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). Species listed in 29.10.0970 subsection (2). 2 Street tree means a tree in a public place, or along or within a public street or right-of-way. 3 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 3 of 26
Quantity

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Analysis
Tree appraisal was performed according to the Council of Tree & Landscape Appraisers Guide for Plant Appraisal 10th Edition, 2019 (CLTA) along with Western Chapter International Society of Arboriculture Species Classification and Group Assignment, 2004. The trees were appraised using the “Cost Approach” and more specifically the “Trunk Formula Technique” (Appendix B). “Trunk Formula Technique” is calculated as follows: Basic Tree Cost = (Unit tree cost x Appraised trunk area), Appraised Value = (Basic tree cost X functional Limitations (percentage) X Condition (percentage) X External Limitations (percentage)).

The trunk formula valuations are based on four tree factors; size (trunk cross sectional area), condition, functional limitations, and external limitations. There are two steps to determine the overall value. The first step is to determine the “Basic Tree Cost” based on size and unit tree cost. Unit tree cost is calculated by dividing the nursery wholesale cost of a 24 inch box specimen and its replacement size (cost per square inch trunk caliper) which is determined by the Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. The cost of the 24 inch box wholesale specimen was determined through personal communications with BrightView and Normans nurseries in Farmington and Central Wholesale in San Jose for an average of $214.00.

The second part is to depreciate the tree’s Basic Cost through an assessment of condition, functional limitations, and external limitations. The condition assessment guidelines and percentages are defined in the “Condition Rating” section of this report.

Functional limitations are based on factors associated with the tree’s interaction to its planting site that would affect condition, limit development, or reduce the utility in the future and include genetics, placement, and site conditions for the individual tree. External limitations are outside the property, out of control of the owner and also affect condition, limit development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests).

There were ten (10) protected trees appraised for a rounded depreciated value of $17,690.00.

Appraisal worksheets are available upon request.

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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Discussion
Condition Rating
A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating.
• 100% - Exceptional = Good health and structure with
significant size, location or quality.
• 61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site.
• 41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major
asymmetry or deviation from the species normal habit,
function and aesthetics compromised.
• 21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use.
• 6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape.
• 0-5% - Dead/Unstable = Dead or imminently ready to fail.

Seven trees are in good condition and the remaining three are in fair shape. One pine tree #619 has signs of red turpentine beetles (Dendroctonus valens) (Chart 2).

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Quantity

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Mitigation for Removals
The table below indicates the recommended replacement values (Table 2). The applicant will be required to replace four protected trees. Alternatively it may be possible to create an approved landscape plan or provide an in-lieu payment. The landscape plan does not indicate any replacement trees. 1 To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size.
2 Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement
Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund.

3 Single Family Residential Replacement Option is available for developed single family residential lots under 10,000 square feet that are not subject to the Town’s Hillside Development Standards and Guidelines. All 15-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on 24” box tree rates as adopted by Town Council. 4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development Standards and
Guidelines Appendix A and Section 29.10.0987 Special
Provisions—Hillsides.

Table 2: Town of Los Gatos Tree Canopy - Replacement
Standard
Canopy Size of
Removed Tree (1)
Replacement
Requirement (2)(4)
Single Family
Residential
Replacement
Option (3)(4)
10 feet or less Two 24 inch box
trees
Two 15 gallon
trees
More than 10 feet to 25
feet
Three 24 inch box
trees
Three 15 gallon
trees
More than 25 feet to 40
feet
Four 24 inch box
trees or two 36 inch
box trees
Four 15 gallon
trees
More than 40 feet to 55
feet
Six 24 inch box
trees; or three 36
inch box trees
Not available
Greater than 55 feet Ten 24 inch box
trees; or five 36 inch
box trees
Not available
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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Expected Impacts
Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating:
• Low = The construction activity will have little influence on the tree. • Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems.
• High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope.

Four trees are expected to be highly impacted and removed which included holly #615, Chinese pistache #617, coast live oak #618, and silk tree #624 (Chart 3). One tree, coast live oak #623, could be moderately impacted and one of its codominant stems will need to be removed to provide clearance (and as a byproduct improve overall structure). The remaining five trees are not expected to be affected.

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Quantity

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Tree Protection
Typically there are three different tree protection schemes which are called Type I (Appendix D1), Type II and Type III (Appendix D2) trunk protection only. The tree protection zone (TPZ) is the defined area in which certain activities are prohibited to minimize potential injury to the tree. There are two tree protection zones determined which include the “calculated” and “specified”. The “calculated” tree protection zone is determined by a multiplication factor based on species tolerance, tree age/vigor/health, and trunk diameter. The “specified” tree protection zone is adjusted in size and shape to accommodate the existing infrastructure, planned construction, and specific site constraints. This “specified” zone includes tree canopy conformation, visible root orientation, size, condition, maturity, and species tolerances (Gilpin, R, Hauer, R, Matheny, N, and Smiley, E.T. 2023).

Tree protection will consider of fence around those to remain at their calculated tree protection radius of eight times their trunk diameter in feet.

Conclusion
The inventory contains ten (10) trees comprised of seven (7) different species. There are no Large Protected, Exempt, or Street Trees.

Seven trees are in good condition and the remaining three are in fair shape. One pine tree #619 has signs of red turpentine beetles (Dendroctonus valens).

Four trees are expected to be highly impacted and removed which included holly #615, Chinese pistache #617, coast live oak #618, and silk tree #624. One tree, coast live oak #623, could be moderately impacted and one of its codominant stems will need to be removed to provide clearance (and as a byproduct improve overall structure). The remaining five trees are not expected to be affected.

Tree protection will consider of fence around those to remain at their calculated tree protection radius of eight times their trunk diameter in feet.

The applicant will be required to replace four protected trees.

There were ten (10) protected trees appraised for a rounded depreciated value of $17,690.00.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 8 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Recommendations

1. Provide a plan sheet or existing topographic survey that indicates the trees within the project area. None of the plan sheets show tree locations for #616, #617, #618, #623 or #624 which many are expected to be highly impacted (Appendix A).

2. Place tree protection fence around the trees to be retained as indicated in Appendix B “Calculated TPZ”.

3. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices.

4. Refer to Appendix D for general tree protection guidelines including recommendations for arborist assistance while working under trees, trenching, or excavation within a trees drip line or designated TPZ/CRZ.

5. Place all the tree protection fence locations and guidelines on the plans including the grading, drainage, and utility plans. Create a separate plan sheet that includes all three protection measures labeled “T-1 Tree Protection Plan.”

6. Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.

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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Bibliography
Gilpin, R, Hauer, R, Matheny, N, and Smiley, E.T. Managing trees during construction, Third edition. Champaign, IL: International Society of Arboriculture, 2023.

ISA. Guide For Plant Appraisal 9th Edition. Savoy, IL: International Society of Arboriculture, 2000. Print.

ISA. Guide For Plant Appraisal 10th Edition. Savoy, IL: International Society of Arboriculture, 2018. Print.

ISA. Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. Western Chapter ISA Matheny, Nelda P., Clark, James R. Trees and development: A technical guide to preservation of trees during land development.

Bedminster, PA: International Society of Arboriculture 1998.

Smiley, E, Matheny, N, Lilly, S, ISA. Best Management Practices: Tree Risk Assessment: International Society of Arboriculture, 2017.

Print
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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Glossary of Terms
calculated tree protection zone: A TPZ calculated using the trunk diameter and a multiplication factor based on species tolerance to construction and tree age. It is often plotted on a plan as a circle or other arbitrary shape and can be used as a guide for establishing the specified TPZ.
critical root zone: a conceptual soil area containing the minimal amount of all the essential parts of the root zone needed to sustain tree health and structural integrity. There are no universally accepted methods to calculate the CRZ. basic Tree Cost: The cost of replacement for a perfect specimen of a particular species and cross sectional area prior to location and condition depreciation.
cost Approach: An indication of value by adding the land value to the depreciated value of improvements. defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.
diameter at breast height (DBH): Measures at 1.4 meters (4.5 feet) above ground in the United States, Australia (arboriculture), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4.3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry; and at 1.5 meters (5 feet) above ground in UK arboriculture. drip Line: Imaginary line defined by the branch spread or a single plant or group of plants. The outer extent of the tree crown. form: Describes a plant’s habit, shape or silhouette defined by its genetics, environment, or management. health: Assessment is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease
mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches.

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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
scaffold branches: Permanent or structural branches that for the scaffold architecture or structure of a tree. specified tree protection zone (specified TPZ): a TPZ that is adjusted in size or shape to accommodate the existing infrastructure, planned construction, and aspects of the site, as well as the tree canopy conformation, visible root orientation, size, condition, maturity, and species response to construction.
straw wattle: also known as straw worms, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed, weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long. They are encased in jute, nylon, or other photo degradable materials,
and have an average weight of 35 pounds.
structure: Evaluation focused on the crown, trunk, trunk flare, above ground roots and the site conditions contributing to conditions and/or defects that may contribute to failure.

Tree Protection Zone (TPZ): Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development.

Tree Risk Assessment: Process of evaluating what unexpected things could happen, how likely it is, and what the likely outcomes are. In tree management, the systematic process to determine the level of risk posed by a tree, tree part, or group of trees. trunk: Stem of a tree.

Trunk Formula Technique: Method to appraise the monetary value of trees considered too large to be replaced with nursery or field grown stock. Based on developing a representative unit cost for replacement with the same or comparable species of the same size and in the same place, subject to depreciation for various factors. Contrast with replacement cost method. volunteer: A tree, not planted by human hands, that begins to grow on residential or commercial property. Unlike trees that are b drought in and installed on property, volunteer trees usually spring up on their own from seeds placed onto the ground by natural causes or accidental transport by people. Normally, volunteer trees are considered weeds and removed, but many desirable and attractive specimens have gone on to become permanent residents on many public and private grounds.

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ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Appendix A: Tree Inventory, Site Plan, and Protection
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 13 of 26
#615
#616
#617
#618
#619
#620
#621
#622
#623
#624

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Appendix B: Tree Inventory and Assessment Tables
Table 3: Inventory and Assessment Summary
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Expected
Impact
Protection
Status
Rounded
Depreciated
Value
Calculated
Protection
Radii (ft.)
holly (Ilex aquifolium) 615 10 15 Good High Protected $1,160.00 7 coast live oak (Quercus agrifolia) 616 11 15 Good Low Protected $2,530.00 7 pistache (Pistacia chinensis) 617 4 10 Good High Protected $570.00 3 coast live oak (Quercus agrifolia) 618 4 10 Good High Protected $330.00 3 Canary Island pine (Pinus canariensis) 619 14 15 Fair Low Protected $2,270.00 9 Canary Island pine (Pinus canariensis) 620 17, 17 25 Fair Low Protected $6,700.00 16 black pine (Pinus jeffreyi) 621 8 15 Good Low Protected $740.00 5 Monterey pine (Pinus radiata) 622 19 20 Fair Low Protected $480.00 13 coast live oak (Quercus agrifolia) 623 9, 7 10 Good Moderate Protected $2,720.00 8 Silk tree (Albizia julibrissin) 624 9 10 Good High Protected $190.00 6 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 14 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Appendix C: Photographs
C1: Trees #616, #623 and #624
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#616 #624
#623

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
C2: Trees #617, #618, and #619
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 16 of 26
#617
#618 #619

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
C3: Holly #615
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#615

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Appendix D: Tree Protection Guidelines
D1: Plan Sheet Detail S-X (Type I)
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TREE PROTECTION
Crown drip line or other limit of Tree Protection area. See tree preservation plan for fence alignment.
4'-0"
Maintain existing
grade with the tree
protection fence
unless otherwise
indicated on the
plans.
2" x 6' steel posts
or approved equal.

Tree Protection
fence: High density
polyethylene fencing
with 3.5" x 1.5"
openings; Colororange. Steel posts
installed at 8' o.c.
5" thick
layer of mulch.

Notes:
1- See specifications for additional tree
protection requirements.
2- If there is no existing irrigation, see
specifications for watering requirements.
3- No pruning shall be performed except
by approved arborist.
4- No equipment shall operate inside the
protective fencing including during fence
installation and removal.
5- See site preparation plan for any
modifications with the Tree Protection
area.

SECTION VIEW

KEEP OUT
TREE

PROTECTION
AREA

8.5" x 11"
sign
laminated in
plastic spaced
every 50'
along the
fence.

URBAN TREE FOUNDATION © 2014

OPEN SOURCE FREE TO USE
Tree protection
fence: Fencing shall
be comprised of sixfoot high chain link
mounted on eightfoot tall, 1 7/8-inch
diameter galvanized
posts, driven 24
inches into the
ground.

Minimum 4” thick
mulch layer
Crown diameter drip line distance equal to the outer most limit of foliage. Notes:
• All tree maintenance and care shall be
performed by a qualified arborist with a
C-61/D-49 California Contractors
License. Tree maintenance and care
shall be specified in writing according to
American National Standard for Tree
Care Operations: Tree, Shrub and Other
Woody Plant Management: Standard
Practices parts 1 through 10 and adhere
to ANSI Z133.1 safety standards and
local regulations.
• All maintenance is to be performed
according to ISA Best Management
Practices.

Notes:

The Tree Protection Zone
(TPZ) may vary in radius
from the trunk and may or
may not be established at
the drip line distance.

See arborist’s report and
plan sheet for
specifications of TPZ
radii.
6’-0”
Modified by Monarch Consulting
Arborists LLC, 2019

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
D2: Plan Sheet Detail S-Y (Type III)
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 19 of 26
?W ?W ?W
TREET
(E) CHAINLINK

FENCE AND GATE

TO REMAIN

ALL MAINTENANCE IS TO BE PERFORMED ACCORDING
TO ISA BEST MANAGEMENT PRACTICES.

2. TREE PRUNING - IF TREE PRUNING FOR OVERHEAD

CLEARANCE IS REQUIRED OR NECESSARY PRUNING

SPECIFICATIONS SHALL BE IN WRITING PRIOR TO ANY
CUTTING. CUTTING SHALL BE PERFORMED BY A

QUALIFIED TREE CARE PROFESSIONAL OR SUPERVISED
BY THE PROJECT ARBORIST. NO LIMBS GREATER THAN
FOUR INCHES (4”) IN DIAMETER SHALL BE REMOVED
WITHOUT APPROVAL.

3. ROOT MANAGEMENT - PRIOR TO REMOVING ROOTS
GREATER THAN TWO INCHES (2”) IN DIAMETER EACH

TREE SHALL BE EVALUATED BY THE PROJECT ARBORIST

TO HELP DETERMINE ITS LIKELIHOOD OF FAILURE
AFTER ROOT LOSS. IF ROOTS OVER TWO INCHES IN

DIAMETER ARE ENCOUNTERED THEY SHOULD BE

PRUNED BY HAND WITH LOPPERS, HANDSAW,

RECIPROCATING SAW, OR CHAIN SAW RATHER THAN
LEFT CRUSHED OR TORN. ROOTS SHOULD BE CUT

BEYOND SINKER ROOTS OR OUTSIDE ROOT BRANCH

JUNCTIONS AND BE SUPERVISED BY THE PROJECT
ARBORIST. WHEN COMPLETED, EXPOSED ROOTS

SHOULD BE KEPT MOIST WITH BURLAP OR BACKFILLED
WITHIN ONE HOUR. NO ROOTS SHALL BE CUT WITHIN SIX

TIMES THE TRUNK DIAMETER DISTANCE IN FEET ON ONE
SIDE WITHOUT ARBORIST APPROVAL.

4. TRUNK PROTECTION - PREVENTING MECHANICAL

DAMAGE TO THE MAIN STEMS FROM EQUIPMENT OR

HAND TOOLS CAN BE ACCOMPLISHED BY WRAPPING
THE MAIN STEM WITH STRAW WATTLE.

5. SITE OCCUPANCY - HAVE A QUALIFIED ARBORIST
PERFORM A LEVEL 2: BASIC TREE RISK ASSESSMENT AS
DESCRIBED IN BEST MANAGEMENT PRACTICES: TREE
RISK ASSESSMENT: INTERNATIONAL SOCIETY OF
ARBORICULTURE, 2017 TO HELP IDENTIFY ANY NEW

RISK FACTORS AFTER CONSTRUCTION UPON NEW SITE
OCCUPANCY.
0 40 feet
1" = 20'
NORTH
20 60 80

SECTION

TREE TRUNK
12" Ø STRAW

FILLED BURLAP

WATTLES

TREE PROTECTION WITHOUT FENCE
3/8" = 1'-0"
4'-0"

ROOT PROTECTION
ZONE. SEE SPECS FOR

REQUIREMENTS
1 SECTION VIEW
TRUNK PROTECTION WITH WATTLE S-Y 6’-0”

2. Pile soil on the side of the trench opposite the tree. If this thick bed of mulch.

3. Do not compact the backfill on the trench more than its origin

4. Water the backfill to allow the roots to begin healing.

Trenching near a tree can kill as much
If the tree you are working around is in a confined space and your eq the trunk. Wrap the tree trunk in old tires or place 2” x 4” studs around

2” x 4” or 2” x 2”
Dimensional Lumber
Sturdy Strap (steel,
nylon, or synthetic rope)
2” x 4” ’or 2” x 2” - 6 to 8
Feet Tall Dimensional
Lumber Spaced 3” Apart
Sturdy Strap (steel,
nylon, or synthetic rope)
Bridge With 4” - 6” Deep
Course Woody Debris or
4” x 4” Dimensional
Lumber and 3/4”
Plywood or Steel Road
Plate.

Note: See Local Ordinance
Requirements and Arborist’s
Report for Additional Protection
Specifications and Guidelines.

Trunk Protection Vertical Timber
Detail
6’ MIN.

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
D3: Section 29.10.1005. - Protection of Trees During Construction Tree Protection Zones and Fence Specifications

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 ten-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 two-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 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 eight and one-half-inch by eleven-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.” Text on the signs should be in both English and Spanish (Appendix E).

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 20 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
All persons, shall comply with the following precautions

1. Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, 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.

2. 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.

3. 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.

4. Prohibit the attachment of wires, signs or ropes to any protected tree.

5. Design utility services and irrigation lines to be located outside of the dripline when feasible.

6. 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 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.

7. 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.

Prohibited Activities
The following are prohibited activities within the TPZ:
• Grade changes (e.g. soil cuts, fills);
• Trenches;
• Root cuts;
• Pedestrian and equipment traffic that could compact the soil or physically damage roots; • Parking vehicles or equipment;
• Burning of brush and woody debris;
• Storing soil, construction materials, petroleum products, water, or building refuse; and, • Disposing of wash water, fuel or other potentially damaging liquids.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 21 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.

The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.

Root Pruning
Roots greater than two inches in diameter shall not be cut. When roots over two inches in diameter are encountered and are authorized to be cut or removed, they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.

Boring or Tunneling
Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep.

Tree Pruning and Removal Operations
All tree pruning or removals should be performed by a qualified arborist with a C-61/D-49 California Contractors License. Treatment, including pruning, shall be specified in writing according to the most recent ANSI A-300A Standards and Limitations and performed according to ISA Best Management Practices while adhering to ANSI Z133.1 safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 22 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Appendix E: Tree Protection Signs
E1: English
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 23 of 26
Warning
Tree Protection Zone
This Fence Shall Not Be Removed
And Is Subject To Penalty According To
Town Code 29.10.1025

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
E2: Spanish
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 24 of 26
Cuidado
Zona De Arbol Pretejido
Esta valla no podrán ser sacados
Y está sujeta a sanción en función de
Código Ciudad del 29.101025

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management.

All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.

Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others.

The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services.

This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant’s fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event.

Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference. Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information.

Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 25 of 26

ITEM NO. 24.
16511 Cypress Way Tree Inventory, Assessment
and Protection Report
November 6, 2024
Certification of Performance
I Richard Gessner, Certify:

That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own;
That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices;
That no one provided significant professional assistance to the consultant, except as indicated within the report.

That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events;
I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998.

Richard J. Gessner
ASCA Registered Consulting Arborist® #496
ISA Board Certified Master Arborist® WE-4341B
Copyright
© Copyright 2024, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 26 of 26

ITEM NO. 24.

This Page
Intentionally
Left Blank

ITEM NO. 24.

ITEM NO. 24.

Public Noticing Map

ITEM NO. 24.

A0

COVER SHEET

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement

C Y P R E S S W A Y

GENERAL NOTES
S-24-045
MARCH 28, 2025

KOLANDER RESIDENCE

DRAWING INDEX

LOCATION

SITE MAP

VICINITY

BUILDING DATA AERIAL VIEW

SCOPE OF WORK

BUILDING CODES

ARCHITECTURE & SITE DEVELOPMENT PERMIT

GARAGE & BREEZEWAY
16511 CYPRESS WAY | LOS GATOS, CALIFORNIA 95030

REPLACEMENT
EXHIBIT 9

ITEM NO. 24.

A0.1

CONDITIONS OF

APPROVAL

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement

ITEM NO. 24.

A0.2

SCCFD AMMR

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement

COMMENTS DURING PLANNING
“… ” “ ”

ITEM NO. 24.

A0.3

CONSTRUCTION

BEST MANAGEMENT
PRACTICES (BMPs)

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement

ITEM NO. 24.

A0.4

CALGREEN

MANDATORY

MEASURES

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement

GENERAL NOTES

CALGREEN RESIDENTIAL BUILDING CODE

MANDATORY MEASURES

4.1 PLANNING AND DESIGN

CALGREEN RESIDENTIAL BUILDING CODE

MANDATORY MEASURES

4.2 ENERGY EFFICIENCY

4.3 WATER EFFICIENCY AND CONSERVATION

4.4 MATERIAL CONSERVATION AND RESOURCE EFFICIENCY

SECTION DESCRIPTION REQUIREMENTS SUMMARY

COMPLIANCE

YES NO N/A

REMARKS

SECTION DESCRIPTION REQUIREMENTS SUMMARY

COMPLIANCE

YES NO N/A

REMARKS

SECTION DESCRIPTION REQUIREMENTS SUMMARY

COMPLIANCE

YES NO N/A

REMARKS

SECTION DESCRIPTION REQUIREMENTS SUMMARY

COMPLIANCE

YES NO N/A

REMARKS

4.5 ENVIRONMENTAL QUALITY
’

SECTION DESCRIPTION REQUIREMENTS SUMMARY

COMPLIANCE

YES NO N/A

REMARKS

ITEM NO. 24.

T-1
TREE

PROTECTION
PLAN

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement 1
T-1

PARTIAL SITE PLAN

TREE REMOVAL AND PROTECTION REQ'TS

C Y P R E S S W A Y

WARNING
TREE

PROTECTION
ZONE

CUIDADO

ZONE DE
ARBOL

PRETEJIDO

TREE PROTECTION SIGNAGE DETAILS

ITEM NO. 24.

A1.0

SITE PLAN

EXISTING CONDITIONS
& DEMOLITION

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement 1
A1.1

SITE PLAN
GENERAL NOTES APN: 532-24-004

C Y P R E S S W A Y

WASTE MANAGEMENT

TREE REMOVAL AND PROTECTION REQ'TS

WARNING
TREE

PROTECTION
ZONE

TREE PROTECTION DETAIL

CUIDADO

ZONE DE

ARBOL PRETEJIDO
REFER TO T-1 TREE PROTECTION

PLAN FOR FURTHER INFORMATION

AND DETAILS

ITEM NO. 24.

A1.1

SITE PLAN

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement 1
A1.1

SITE PLAN
GENERAL NOTES APN: 532-24-004

C Y P R E S S W A Y
MISC. NOTES SITE/BUILDING DATA
GARAGE

ITEM NO. 24.

A1.2

SITE PLAN

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement 1
A1.2

SITE PLAN

WATER QUALITY NOTES

C Y P R E S S W A Y

CONSTRUCTION SITE FIRE SAFETY NOTES
ZONE 0
ZONE 1
ZONE 2

DEFENSIBLE SPACE/FIRE BREAK NOTES
GARAGE

ITEM NO. 24.

A2.1

FLOOR PLANS

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement 2
A2.1

FLOOR PLAN - PROPOSED

GENERAL NOTES
LEGEND 1
A2.1

FLOOR PLAN - DEMOLITION

SHEET NOTES

WALL LEGEND

FINISH NOTES

ITEM NO. 24.

A2.2

ROOF PLAN
& SITE ELEMENTS

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement 1
A2.2

ROOF PLAN - PROPOSED

GENERAL NOTES

SHEET NOTES

WILDLAND URBAN INTERFACE COMPLIANCE

ITEM NO. 24.

A3.0

EXISTING

EXTERIOR

ELEVATIONS

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement C
A3.0

REAR EXTERIOR ELEVATION (SOUTH) A
A3.0

FRONT EXTERIOR ELEVATION (NORTH) D
A3.0

SIDE EXTERIOR ELEVATION (WEST) B
A3.0

SIDE EXTERIOR ELEVATION (EAST)

EXTERIOR COLOR SCHEME

ITEM NO. 24.

A3.1

EXTERIOR

ELEVATIONS

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement C
A3.1

REAR EXTERIOR ELEVATION (SOUTH) A
A3.1

FRONT EXTERIOR ELEVATION (NORTH) D
A3.1

SIDE EXTERIOR ELEVATION (WEST) B
A3.1

SIDE EXTERIOR ELEVATION (EAST)

EXTERIOR COLOR SCHEME EXTERIOR COLOR SCHEME

ITEM NO. 24.

A3.2

BUILDING

SECTIONS

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement E
A3.2

BUILDING SECTION C
A3.2

BUILDING SECTION WITH DORMERS A
A3.2

BUILDING SECTION D
A3.2

BUILDING SECTION B
A3.2

BUILDING SECTION

ITEM NO. 24.

A3.3

OVERALL

SITE SECTION

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement A
A3.3

OVERALL SITE SECTION

ITEM NO. 24.

A3.4

OVERALL

SITE SECTION

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement B
A3.4

OVERALL SITE SECTION

ITEM NO. 24.

A7.1
DOOR &

WINDOW SCHEDULES

AND DETAILS

DOOR TYPES
FRAME TYPES 1
A7.1

DOOR HEAD DETAIL

REVISIONS

CONDITIONS & RESTRICTIONS
SHEET TITLE 3360 De La Cruz Boulevard Santa Clara, CA 95054 www.ba-builders.com main office: (408) 648-4500 fax: (408) 588-0095 CA license: B-443949 BAY AREA BUILDERS INCORPORATED PROJECT TITLE KOLANDER RESIDENCE 16511 Cypress Way | Los Gatos, California 95030 Garage & Breezeway Replacement
HARDWARE GROUPS: 2
A7.1

DOOR JAMB DETAIL
WINDOW TYPES: 5
A7.1
WINDOW HEAD DETAIL 6
A7.1
WINDOW JAMB DETAIL 7
A7.1

WINDOW SILL DETAIL
WINDOW NOTES:

WINDOW SCHEDULE

DOOR SCHEDULE
DOOR NOTES: 3
A7.1
PENETRATION DETAIL AT WALL 4
A7.1 8 ELECTRICAL OUTLET/J-BOX
A7.1

BOLLARD DETAIL

ITEM NO. 24.
1 INCH = 10 FEET

GARAGE ADDITION & BREEZEWAY REPLACEMENT
FOR

SCOTT & JACKEY KOLANDER
16511 CYPRESS WAY

TOWN OF LOS GATOS
APN: 532-24-004 24-033-1 FEBRUARY 2025 CIVIL3.dwg PLANNING SUBMITTAL GRADING & DRAINAGE PLAN 303 Potrero St., Suite 42-202, Santa Cruz, CA 95060 831-425-3901 www.riengineering.com
, c. dwg name date project no. scale AS SHOWN Page 142 Page 762 ITEM NO. 24.

GARAGE ADDITION & BREEZEWAY REPLACEMENT
FOR

SCOTT & JACKEY KOLANDER
16511 CYPRESS WAY

TOWN OF LOS GATOS
APN: 532-24-004 24-033-1 FEBRUARY 2025 CIVIL3.dwg PLANNING SUBMITTAL DETAILS 303 Potrero St., Suite 42-202, Santa Cruz, CA 95060 831-425-3901 www.riengineering.com
, c. dwg name date project no. scale AS SHOWN Page 143 Page 763 ITEM NO. 24.
1 INCH = 10 FEET

GARAGE ADDITION & BREEZEWAY REPLACEMENT
FOR

SCOTT & JACKEY KOLANDER
16511 CYPRESS WAY

TOWN OF LOS GATOS
APN: 532-24-004 24-033-1 FEBRUARY 2025 CIVIL3.dwg PLANNING SUBMITTAL

STORMWATER POLLUTION

CONTROL PLAN
303 Potrero St., Suite 42-202, Santa Cruz, CA 95060
831-425-3901 www.riengineering.com
, c. dwg name date project no. scale AS SHOWN Page 144 Page 764 ITEM NO. 24.

LOS GATOS PLANNING COMMISSION 4/23/2025
Item #5, 16511 Cypress Way
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Kendra Burch, Vice Chair
Jeffrey Barnett
Susan Burnett
Steve Raspe
Rob Stump
Town Manager: Chris Constantin
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 3

ITEM NO. 24.

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P R O C E E D I N G S:

VICE CHAIR BURCH: We will now move on to Item 5,
consider a request for approval to demolish an existing accessory structure and construct a new accessory structure exceeding 1,000 square feet in gross floor area, and site improvements requiring a Grading Permit on property zoned HR-2½. Located at 16511 Cypress Way. APN 532-24-004.

Architecture and Site Application S-24-045. This project is exempt pursuant to the CEQA Section 15303(a): New
Construction or Conversion of Small Structures. The
property owners are Jackie and Scott Kolander. The
Applicant is Michael Harris. The project planner is Suray Nathan.

Before we get the Staff Report, has everybody had
a chance to visit the site, or are there any items to note? Commissioner Barnett.

COMMISSIONER BARNETT: For the first time five
years on the Planning Commission, I was not able to find the property, but I did do my best to evaluate it based on Internet resources, including Google Earth and Google Maps.

Thank you.

VICE CHAIR BURCH: Commissioner Stump, same
comment? All right.

ITEM NO. 24.

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COMMISSIONER BURNETT: I have to make the same
comment as Commissioner Barnett. I went up and down, and I think it was one house, I thought it was the other house, so I’m not quite sure, but I did review all the documents.

VICE CHAIR BURCH: All right, excellent. Mr.

Nathan, you’ll be presenting our Staff Report for us?
SURAY NATHAN: Thank you, Vice Chair. Good
evening, Commissioners. Before you tonight is an
Architecture and Site Application. The project is located at 16511 Cypress Way, and it is in the HR-2½ zone.

The Applicant proposes demolishing the existing
structure and constructing a new approximately 1,200 square foot detached accessory structure consisting of a three-car garage with a workshop. The proposed project meets the
technical requirement for the Town Code for floor area, height, setback, and onsite parking.

The Planning Commission is considering the
project due to the proposed accessory structure exceeding 1,000 square feet in gross floor area as required by the Hillside Development Standards and Guidelines.

The Applicant also requires an exception to the
Hillside Open Standard for light reflective value and the depth of cut exceeding the maximum allowed for an accessory building. The Hillside Development Standards and Guidelines

ITEM NO. 24.

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requires that exterior material structures not exceed an LRV of 30, and the Applicant proposes an LRV of 69 so as to match the color of the existing house.

It also limits grading cut depth outside the
footprint of the primary residence to 4’. The Applicant proposes a maximum cut depth of 13.5’ for the accessory building, 11’ for the hardscape, and 7’ for the landscape.

The Applicant has provided the justification in
Exhibit 5, and this concludes Staff’s presentation. Staff would be happy to answer any questions you might have.

VICE CHAIR BURCH: Thank you, Mr. Nathan. Are
there any questions of Staff at this time? No. Then we will now open the public portion of this item. I have one
speaker card, Mr. Harris. Mr. Harris, you’ll have three minutes.

MICHAEL HARRIS: Good evening, I’m Michael
Harris, the architect for the Kolanders for this project.

Essentially, we are replacing the two-car garage
with a three-car garage in the same place. I’m going to talk about the challenges and the exemptions that we are requesting.

A lot of the materials, colors, and reflectents
are designed to match the existing house and the garage being demolished. The garage cannot be seen from the

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street, and from the back side you essentially have the bulk of the roof, which meets the LRV requirements.

The other item is grading. The southeast corner
of the garage is fairly steep, and in order to maintain the same garage level without having to redo the driveway or the approach to it we are maintaining that same garage
level, so at that corner there is extra grading that we have to do on that item.

The other thing is it is very hard to find. I,
too, had a challenging when I first went up there as well.

Being that it’s in a very high fire severity zone, we have already gone through the alternate means and methods with the County Fire Department and received approval.

Some of those elements include an extra address
visibility sign at the fork, so when you’re approaching the split for Cypress Way it will actually become a little more visible so that you can go up the road, and it’s mainly for the Fire Department.

We are also adding a 5,000-gallon water tank,
adding fire sprinklers, a wharf fire hydrant onsite, a twohour fire rated wall between the breezeway and the house, and again, incorporating all the Wildland Urban Interface guidelines for non-combustibility, of vegetation

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management, closed (inaudible), those guidelines that are required in a very severe fire severity zone.

It is just replacing an old structure from the
1960s. There are signs of aging with the efflorescence for the CMU, and aging material, so we’ll replace that.

VICE CHAIR BURCH: Thank you. Are there any
questions for the speaker? Commissioner Stump.

COMMISSIONER STUMP: I realize this site has its
challenges with the hillside there. Are there any other siting options that would allow for compliance with the maximum graded cut of 4’ for all elements of what you’re trying to do?
MICHAEL HARRIS: For the grading elements for
that particular size, no. We can’t move it closer to the house, because it would block access to the doorways, and so essentially, we would have to move eastward, which is where the hillside starts to slope up.

COMMISSIONER STUMP: Thank you.

VICE CHAIR BURCH: Commissioner Barnett.

COMMISSIONER BARNETT: Thank you for your
presentation. The proposed Conditions of Approval require before a Grading Permit is issued that you have a
geotechnical report and that it be peer reviewed by a Townchosen geotech. My question is have you done any

ITEM NO. 24.

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preliminary work with a geotechnical engineer regarding the grading issues?
MICHAEL HARRIS: Yes, we’ve already obtained a
soils report and are ready to address the grading with the civil engineer, as well as the foundation issues that will come up during building plan check with the structural
engineer.

COMMISSIONER BARNETT: One of the concerns under
the Town Code is drainage that is associated with grading over the limit that is provided in the code, so the
question is are there any drainage issues that you
anticipate in light of the grading in that location?
MICHAEL HARRIS: No, the civil engineer actually
diverted some and created a drainage response to some of the questions during planning from the Town’s engineer, and so those will also be further addressed in the Grading
Permit.

COMMISSIONER BARNETT: Okay, thank you.

VICE CHAIR BURCH: Any other questions?
Commissioner Burnett.

COMMISSIONER BURNETT: Thank you for coming this
evening. Eight protected trees will be removed, and I know you’re going to be replacing some. Will the house and
garage be more visible with the removal of the trees?

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MICHAEL HARRIS: No, and actually we are not
replacing any of the trees, and that is in response to the very high fire severity zone. If we start replacing the trees, we’d have a continuous canopy, which would
accommodate no break if there were a wildfire, so that’s the reason. That’s more on the back side of the garage, and pretty much you see a small sliver mainly of the roof, and you would still have low visibility, because there are
trees along the fence side and foliage along the barrier on the neighbor’s side that adds to the screening.

COMMISSIONER BURNETT: Okay, thank you.

VICE CHAIR BURCH: Any other questions? No. All
right, thank you. I do not have any other speaker cards. Is there anyone on Zoom?
DIRECTOR PAULSON: Thank you, Chair. I do not see
any hands raised on Zoom.

VICE CHAIR BURCH: All right. You can obviously
come back and make a closing statement if you would like. I don’t think there are any other questions for you, so it’s up to you. All right, then I will close the public portion of this item.

Commissioners, do you have any questions of
Staff, discussion, motion? Commissioner Barnett.

ITEM NO. 24.

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COMMISSIONER BARNETT: Question for Staff. Is it
correct that the grading limit is 50 cubic yards and the proposal is for 450 cubic yards?
SURAY NATHAN: That is correct.

COMMISSIONER BARNETT: Thank you.

VICE CHAIR BURCH: I have a question, just maybe
a bit for my own knowledge. In a fire zone like this, if they’re removing trees, in those situations they are not required to replace, is that correct? Or is it an exception that we typically grant in those areas?
SURAY NATHAN: There is an in-lieu fee, and the
Applicant is proposing to pay an in-lieu fee instead of planting the recommended trees.

VICE CHAIR BURCH: Okay, thank you. Commissioner
Burnett.

COMMISSIONER BURNETT: Question for Staff. The
light reflective value, the LRV, which in our Hillside
Development Standards and Guidelines is 30, and they are requesting to change the color with a value of 69, which is much higher, and I guess they want to match the color of house. So, the question becomes the house color must be now not the correct value as well, and so that is a problem, and my question regarding the trees and there is no
replacement, and the viewing of a home on the hillside is

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quite an issue for our Town, and that’s why we have this materials and color guideline, so my question is a value of 69 is quite high, actually, but now we’re saying that the house is the same color, so how does that impact since now we’re actually looking at the house color being not along with our guidelines? Could you help me on that one?
SURAY NATHAN: As you said, the existing house is
not complying with the LRV of 30, and as for the trees, the trees that are being removed are in the back of the house on the hillside portion, and it probably wouldn’t impact the view from the street below, but it might impact the house above that; I’m not sure regarding that.

DIRECTOR PAULSON: Through the Chair, there are a
number of homes in the hillside that were built and painted prior to our light reflective value going into place, so we do have a number of homes that don’t meet that. The
Applicant here is requesting to be allowed to exceed it for the detached accessory structure to match the house. We don’t have any leverage from our end to compel them
necessarily to repaint their house. Obviously, that’s not necessarily an inexpensive endeavor, but we generally deal with these situations when someone comes in for an addition or a new house, and then that’s how we try to rectify that issue in the future.

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COMMISSIONER BURNETT: Okay, thank you for that.

VICE CHAIR BURCH: Any other questions of staff
or discussion? Commissioner Raspe.

COMMISSIONER RASPE: Mr. Paulson, one more
question, just out of curiosity, what is the range on the LRV? From what number to what number, if you know?
DIRECTOR PAULSON: I’m going to guess zero to
100, zero probably being black, 100 probably being white.

That’s a total guess.

COMMISSIONER RASPE: Just curious. Thanks so
much.

VICE CHAIR BURCH: All right, is there any
discussion then? Why don’t we just go ahead and start
talking about the size? One of the reasons we are seeing this item in front us is because it does exceed the 1,000 square foot gross floor area, so I would invite that
discussion among my Commissioners. Is this a concern item, before we move onto the grading?
COMMISSIONER RASPE: If you don’t mind, I’ll just
dump all my issues out, and then we can tackle those.

VICE CHAIR BURCH: Issue dump away.

COMMISSIONER RASPE: Actually, (inaudible) going
to say I have any issues necessarily. The LRV, yes, it’s concerning, but to me, again, the house isn’t

ITEM NO. 24.

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extraordinarily visible. In fact, none of us could find it.

And the fact that they’re trying to match an existing home to me argues that it probably isn’t as big of a concern as it otherwise could be. Also, we have notes from the
consulting architect, who had no comment to the structure, which I would probably put into the category of the color of the structure into that discussion as well, so the LRV doesn’t bother me as much.

The grading, the architect has indicated that
there are no workarounds for that. Essentially, it is what it is if they’re going to do this work.

The fire issue, I think we can all agree that the
new structure will be much more fire resistant/repellant than what currently exists, and so I think if one of our goals here is to make a more firesafe hillside, this
project goes toward that end, including the use of the
materials, the sprinklers, and the tank.

So, for all those reasons, I would support the
project in its current iteration.

VICE CHAIR BURCH: Thank you, Commissioner Raspe.

Any other comments? Commissioner Stump.

COMMISSIONER STUMP: I’ve got a slightly
different take primarily on this cut. I certainly
understand the desire to have a 1,283 square foot garage

ITEM NO. 24.

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which includes three cars and a workshop area, but part of the problem is being driven by the size of this garage, and that is a significant cut, and this is a Hillside Standard, not a guideline, and so I kind of hold a little more fast to the whole concept that I certainly understand what the owner/applicant wants to do, but in this case I’m going to find it very hard to just let that standard go by the board as it relates to the cut.

VICE CHAIR BURCH: Thank you, Commissioner Stump.

Commissioner Barnett.

COMMISSIONER BARNETT: I share the concern about
the grading request in that it’s magnitudes of size in
violation of our code standard, and I assume the underlying purposes for the grading standard are potentially
aesthetic, but I think more in this case possible hillside stability and drainage issues, and to me adding one garage bay does not warrant that amount of excess of our standard.

VICE CHAIR BURCH: Thank you. I will make some
comments then. As far as the LRV matching existing, to me that’s really not a conversation stopper; it matches the existing home.

I do have concerns though about the excessive
grading. Again, like you said, basically to just add one bay, and again, because it is a Hillside Standard, that is

ITEM NO. 24.

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really where my concern comes and where I have trouble
supporting the application as it stands.

Anybody want to attempt a motion, or any further
questions of Staff, comments?
COMMISSIONER RASPE: I just had one further
comment. I sense I’m in the minority on the cut issue. If the notion is one of safety as opposed to aesthetics, as Commissioner Barnett noted, soils and geo is going to have to sign off on the project before it goes forward, so I think that mitigates against a finding that the cut is too excessive, in my view.

VICE CHAIR BURCH: That’s a good perspective.

COMMISSIONER STUMP: I know we don’t talk a lot
about precedent. This is an accessory building, a rebuild.

Had this been a new construction, the cut allowance
actually is higher. But now we’re dealing with an accessory building after many years, and so again, that’s why I tend to hold fast to that standard.

One of the questions I asked Staff when I went in
for my regular visit was what other examples do we have of this where we have made a major exception to a standard like this, and it was very hard to come up with one, and so my concern is that we start doing this, what’s the
standard? I’m not typically a black and white, hard and

ITEM NO. 24.

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fast guy, but in this case, that’s really where I am
positioned.

VICE CHAIR BURCH: I was just trying to think
back through the years on the same, when we had made such an exception for something like an accessory dwelling, and I actually couldn’t think of any examples during my tenure.

Anybody want to venture a motion, or further
discussion?
COMMISSIONER BARNETT: I’ll propose a motion.

With respect to this agenda item concerning 16511 Cypress Way, a request to approve demolition of an existing
structure and construct a new accessory structure exceeding 1,000 square feet, etc., APN 532-24-004, although I could make the required findings for CEQA, I cannot make the
findings concerning the other elements, including the
Hillside Development Standards and Guidelines. I’ll ask Staff if that includes the grading as prohibited by the Specific Plan as well, the grading violation?
DIRECTOR PAULSON: That lives inside the Hillside
Development Standards and Guidelines. The Specific Plan, this is in that area, but those specific provisions are in the guidelines.

COMMISSIONER BARNETT: Okay, so I could not make
the findings regarding the guidelines and standards, and

ITEM NO. 24.

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for that reason I propose to my fellow commissioners that the application be denied.

VICE CHAIR BURCH: Thank you. Any comment or a
second?
COMMISSIONER STUMP: Second.

VICE CHAIR BURCH: Any discussion? Then I’ll call
the question. All in favor? Any of those opposed? Passes 4-

1. Are there any appeal rights?
DIRECTOR PAULSON: Yes, thank you, there are
appeal rights. Anyone who is not satisfied with the
decision of the Planning Commission can appeal that
decision to the Town Council. Forms are available online in the Clerk’s Office. There is a fee for filing the appeal, and the appeal must be filed within ten days.

VICE CHAIR BURCH: Thank you, Mr. Paulson.
(END)

ITEM NO. 24.

TOWN OF LOS GATOS

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
April 24, 2025
Michael Harris
3360 De La Cruz Blvd
Santa Clara, CA 95054
Via Email
RE: 16511 Cypress Way
Architecture and Site Application S-24-045
Consider a Request for Approval to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 Square Feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. APN 532-24-004.

Architecture and Site Application S-24-045. Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Jackie and Scott Kolander.

Applicant: Michael Harris. Project Planner: Suray Nathan.

At its meeting of April 23, 2025, the Town of Los Gatos Planning Commission denied the above referenced application.

PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this denial may be appealed to the Town Council within 10 days of the date of the decision. Therefore, this action for denial should not be considered final until the appeal period has passed.

If you have any questions, I can be contacted by email at [email protected].

Sincerely,
Suray Nathan
Assistant Planner
[email protected]
408-354-6873
N:\DEV\PC\PC ACTION Letters\2025\04-23-25 [16511 Cypress Way - Item #5; Denied]

CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030

ITEM NO. 24.

ATTACHMENT 5 Page 782
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Los Gatos Building Dept.
110 E. Main St.

Los Gatos, CA 95030
To Whom it May Concern,
We live at Twelve Oaks Rd. and are neighbors of Soctt and Jackey Kolander. They have shared with us their remodeling plans for expanding their garage and we wanted to express our support for this project (Architecture and Site Application S-21-024). After speaking with them and reviewing the plans they submitted to the town, we have no objections and hope they will be allowed to proceed with their remodeling project.

Sincerely,
,
Sheldon & Donna Gilbert

ITEM NO. 24.

PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/17/2025
ITEM NO: 25
DATE: June 3, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Results of the 2025 Community Survey and Provide Any Comments or Direction to Staff
RECOMMENDATION:

Receive the results of the 2025 Community Survey (Attachments 1 and 2) and provide any comments or direction to staff.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report. The survey cost approximately $24,000 and sufficient funds were appropriated in the FY 2024/25 budget.

STRATEGIC PRIORITIES:

The information gathered from the community survey is intended to help the Town better understand the community’s current overall satisfaction levels with Town services, opportunities for improvement, and priorities so the Council may be better informed when considering the allocation of Town resources. This ties to almost all of the Town’s Strategic Priorities in terms of resource allocation.

BACKGROUND:

In 2021, the Town conducted a Request for Proposals (RFP) for scientific community survey consultant services in order to gather resident feedback and measure satisfaction with Town services, quality of life, and other information to help the Town better understand the community’s priorities, concerns, and needs. After review and scoring of the proposals, interviews, and reference checks, Town staff engaged the services of ETC Institute. The first