Los Gatos City Council
March 3, 2026

IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). You may watch the Council meeting without providing public comment on Comcast cable channel 15 or at www.LosGatosCA.gov/TownYouTube. Members of the public may provide public comments for agenda items in-person or virtually by following the instructions listed at the end of the agenda.

To watch and participate via Zoom, please go to:
https://losgatosca-gov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Enter Passcode: 577971

CALL MEETING TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions located at the end of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)

1. Approve the Minutes of the February 17, 2026, Town Council Meeting.

RECOMMENDATION: Approve the Minutes of the February 17, 2026, Town Council Meeting.

2. Adopt an Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 2281 Establishing Development Standards

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
MARCH 03, 2026
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS
7:00 PM
Rob Moore, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Rob Rennie, Council Member

and Allowable Uses for Lots within the Planned Development Overlay Zone for Property Located at 16100 Greenridge Terrace (APN: 527-12-002); and Adopt an Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning Code Effecting a Zone Change from HR-2½:PD (Hillside Residential, Two and One-Half to 10 Acres for Each Dwelling Unit, Planned Development) to HR-1 (Hillside Residential, One to Five Acres for Each Dwelling Unit) for a Portion of Property Located at 16084 Greenridge Terrace.

Located at 16300 and 16084 Greenridge Terrace and 240 La Terra Court. APNs 527-12- 003, 527-12-004, and 527-15-002. The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption.

Property Owners: 16300 Greenridge Terrace and 240 La Terra Court: Greenridge Terrace Development, LLC; and 16084 Greenridge Terrace: Richard Luu. Applicant: Hanna Brunetti. Project Planner: Sean Mullin.

Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 2281 establishing development standards and allowable uses for lots within the Planned Development Overlay zone for property located at 16100 Greenridge Terrace (APN: 527-12-002).

An Ordinance of the Town Council of the Town of Los Gatos amending the Zoning Code effecting a zone change from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned Development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property located at 16084 Greenridge Terrace.

RECOMMENDATION: Adopt an Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 2281 establishing development standards and allowable uses for lots within the Planned Development Overlay zone for property located at 16100 Greenridge Terrace (APN: 527-12-002); and Adopt an Ordinance of the Town Council of the Town of Los Gatos amending the Zoning Code effecting a Zone Change from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned Development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property located at 16084 Greenridge Terrace. Properties located at 16300 and 16084 Greenridge Terrace and 240 La Terra Court.

3. Adopt a Resolution Approving the Final Map for Tract Number 10657 (Solana Project), Accepting the Dedications, and Approving and Authorizing the Town Manager to Execute the Subdivision Improvement Agreement, the Landscape Maintenance Agreement, the Stormwater Treatment Facilities Maintenance Agreement, and the Multi-Use Pathway Maintenance Agreement in Substantially the Form Presented RECOMMENDATION: Adopt a resolution approving the final map for Tract Number 10657 (Solana Project), accepting the dedications, and approving and authorizing the Town Manager to execute the Subdivision Improvement Agreement, the Landscape Maintenance Agreement, the Stormwater Treatment Facilities Maintenance Agreement, and the Multi-Use Pathway Maintenance Agreement, in substantially the form presented.

4. Approve the 2026 Diversity, Equity, and Inclusion (DEI) Commission Work Plan RECOMMENDATION: Approve the 2026 Diversity, Equity, and Inclusion (DEI) Commission work plan.

OTHER BUSINESS (Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)

5. Review and Provide Direction on Meeting Minute Format RECOMMENDATION: Reaffirm the use of action minutes for all meetings; and modify the current practice for public comment to only identify speakers without summarizing the content of their remarks (for both agenda items and verbal communication).

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. Town resources may not be used to facilitate audio or visual presentations. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
COUNCIL MATTERS (Members of the public who wish to speak on matters listed under Council Matters may do so under Verbal Communications.)

MANAGER MATTERS

ATTORNEY MATTERS AND CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE - In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.

Please notify the Clerk’s Office at least two (2) business days prior to the meeting so that reasonable arrangements can be made to ensure accessibility in compliance with 28 CFR §35.102-

35.104 and related provisions.

NOTICE REGARDING SUPPLEMENTAL MATERIALS - Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.

HOW TO PARTICIPATE
Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below.

The public is welcome to provide oral comments in real-time during the meeting in three ways:

 Zoom Webinar (Online): To participate from a PC, Mac, iPad, iPhone or Android device.

Please use this URL to join: https://losgatoscagov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Passcode: 577971. You can also type in 867 3036 3468 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 577971. When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom.  Telephone: To participate by phone please dial 1 (408) 961-3927 or 1 (855) 758-1310 for US Toll-free and use Meeting ID: 867 3036 3468. When the Mayor announces the item for which you wish to speak, press *9 on your telephone keypad to raise your hand.  In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and submit it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment).

Deadlines to submit written comments are:
-3:00 p.m. the Thursday before the Council meeting for inclusion in the agenda packet. -3:00 p.m. the Friday and Monday before the Council meeting for inclusion in an addendum. -11:00 a.m. the day of the Council meeting for inclusion in a desk item.

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/3/2026
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, February 17, 2026
The Town Council of the Town of Los Gatos conducted a regular meeting in person and via teleconference.

MEETING CALLED TO ORDER AT 7:02 P.M.

ROLL CALL

Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Rob Rennie, Council Member Matthew Hudes.

Absent: None.

PLEDGE OF ALLEGIANCE
Council Member Badame led the Pledge of Allegiance. The audience was invited to participate.

PRESENTATIONS
Mayor Moore presented recognitions to the business of the month and the resident of the month.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve the Minutes of the February 3, 2026, Boards and Commissions Interviews.

2. Approve the Minutes of the February 3, 2026, Town Council Meeting.

3. Approve the Minutes of February 10, 2026, Special Town Council Meeting.

4. Receive the Monthly Financial and Investment Report for December 2025.

5. Authorize the Town Manager to Execute an Agreement for Services with Schaaf & Wheeler for the Drainage Assessment of Loma Street in an Amount Not to Exceed $147,060.

6. Authorize the Town Manager to Execute an Amendment to an Agreement for Downtown Garbage and Recycling Services with Universal Site Services to Amend the Scope of Services and Increase the Total Agreement Amount by $2,056.76.

7. Adopt an Ordinance of the Town Council Amending the Town’s Special Events Regulations in Chapter 14 to Establish an Entertainment Zone, Pursuant to State Law, Allowing Outdoor Consumption of Alcoholic Beverages During Permitted Events Ordinance Title: An Ordinance of the Town Council of The Town of Los Gatos Amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969. ORDINANCE 2382

8. Authorize the Town Manager to Execute a Second Amendment to the Agreement for

ITEM NO. 1.

PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of February 17, 2026 DATE: March 3, 2026
Services with Pacific Water Art, Inc. to Increase the Agreement Amount for Additional Maintenance and Repair Costs.

9. Approve the 2026 Work Plan Recommended by the Town’s Parks and Sustainability Commission.

10. Approve the 2026 Town Council Policy Committee Work Plan.

Mayor Moore opened public comment.

Carin Yamamoto
- Commented on concern with the minutes.

Member of the Public
- Commented on concerns with items two, three, five, and seven.

Mayor Moore closed public comment.

MOTION: Motion by Vice Mayor Ristow to approve items one through ten. Seconded by Council Member Rennie.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Joe Enz, Friends of the Los Gatos Creek
- Commented on addressing an unsecured gate.

Member of the Public
- Commented on various concerns.

Burr Nissen
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Carin Yamamoto
- Commented on concerns with Item eight regarding fountain maintenance costs.

PUBLIC HEARING

11. Consider a Recommendation by the Planning Commission to Approve a Request to Modify Planned Development Ordinance 2281 to Allow for Two Lot Line Adjustments Between Three Properties and a Zone Change of a Portion of Land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1. Located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court. APNs 527-12-003, 527-12-004, and 527-15-002.

The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a Ministerial Approval in Accordance

ITEM NO. 1.

PAGE 3 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of February 17, 2026 DATE: March 3, 2026
with Public Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption. Property Owners: 16300 Greenridge Terrace and 240 La Terra Court: Greenridge Terrace Development, LLC.

Sean Mullin, Planning Manager, presented the staff report.

Council members asked questions.

Mayor Moore opened public comment.

Mark Ellenbogen and Amanda Musy-Verdel, representatives for the property owners - Spoke in favor of the lot line adjustment.

Mayor Moore closed public comment.

MOTION: Motion by Council Member Badame to accept staff recommendations, which includes the eight items referenced by staff [in the staff report]. Seconded by Council Member Hudes.

Council provided the following disclosures:
 Council Member Hudes stated he visited the site.
 Vice Mayor Ristow stated she visited the area.
 Mayor Moore stated he visited the area.

VOTE: Motion passed unanimously.

OTHER BUSINESS

12. Adopt Amendments to Council Policy 5-02 Flag Policy to Establish a Commemorative Flag Framework.

Chris Constantin, Town Manager, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

Member of the Public
- Provided comments related to the item.

Mayor Moore closed public comment.

ITEM NO. 1.

PAGE 4 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of February 17, 2026 DATE: March 3, 2026
MOTION: Motion by Vice Mayor Ristow to adopt amendments to Council Policy 5-02 Flag Policy to establish a formal framework permitting the display of commemorative flags as an exercise of government speech, when initiated by a Councilmember and approved by resolution of the Town Council. Seconded by Mayor Moore.

Council discussed the item.

VOTE: Motion passed 3-1-1. Council Member Badame opposed, Council Member Rennie abstained.

Mayor Moore called a recess at 8:59 p.m.

Mayor Moore reconvened the meeting at 9:09 p.m.

13. Adopt a Resolution Authorizing the Display of the Progress Pride Flag at Town Hall During the Month of June 2026. RESOLUTION 2026-009
Chris Constantin, Town Manager, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

Elijah Asheghian
- Commented in support of raising the Pride flag.

Terry Hernandez
- Commented in support of raising the Pride flag.

Jan Schwartz
- Spoke about acceptance and inclusivity.

Member of the Public
- Commented on concerns regarding the item.

Sue Ann Lorig
- Commented in support of raising the Pride flag.

Siyona Singhal
- Commented in support of raising the Pride flag.

Lee Cummings
- Commented in support of the item.

ITEM NO. 1.

PAGE 5 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of February 17, 2026 DATE: March 3, 2026
Scarlett Daynard
- Commented in support of raising the Pride flag.

Nova Jayaraj
- Commented in support of raising the Pride flag.

Surya Pandiyan
- Commented in support of the resolution.

Guy Shaham, Los Gatos-Saratoga Youth Advocacy
- Commented in support of raising the Pride flag.

Jeff Suzuki, Los Gatos Anti Racism Coalition
- Commented in support for raising the Pride flag.

Carin Yamamoto
- Commented in support of raising the Pride flag.

Chesle Bae
- Commented in support of raising the Pride flag.

Kylie Clark
- Commented in support of flying the Pride flag.

Jim Kastleman
- Commented in support of flying the Pride flag.

Ali Miano
- Commented on supporting marginalized communities.

Ken Yeager, Former San Jose City Council Member
- Commented in support of raising the Pride flag
Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Ristow to adopt a Resolution authorizing the display of the Progress Pride Flag at Town Hall during the month of June 2026. Seconded by Council Member Hudes.

VOTE: Motion passed 4-1. Council Member Badame opposed.

ITEM NO. 1.

PAGE 6 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of February 17, 2026 DATE: March 3, 2026
Mayor Moore called a recess at 8:59 p.m.

Mayor Moore reconvened the meeting at 9:12 p.m.

14. Receive the FY 205-26 Mid-Year Budget Report, including the FY 2025-26 Year End Projections.

Kristina Alfaro, Administrative Services Director, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

Lee Fagot
- Comment on the town’s budget and future costs.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to authorize the Budget Adjustment of $3,581,888 in revenues and $1,350,141 in increases expenses as recommended in the Mid-Year Budget Report and add that the source of the money for the deferred maintenance repairs on the on the Adult Recreation Center be taken from the General Fund Appropriated Reserve (GFAR) Fund. Seconded by Council Member Rennie.

Council discussed the motion.

SUBSTITUTE MOTION: Motion by Vice Mayor Ristow to authorize the budget adjustments of $3,581,888 revenues and $1,350,141 in increased expenses as recommended in the Mid-Year Budget Report, and that prior to the end of the fiscal year, if projections demonstrated a fund balance surplus, that we first replenish the community Center fund to its current balance. Seconded by Council Member Rennie.

VOTE: Motion passed unanimously.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie stated he attended a Silicon Valley Clean Energy board meeting. - Council Member Hudes stated he met with John Cowan of El Camino Health, met with West Valley Community Service Providers; attended a memorial for Larry Arzie, and the Los Gatos Thrives Foundation Executive Committee meeting

ITEM NO. 1.

PAGE 7 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of February 17, 2026 DATE: March 3, 2026
- Vice Mayor Ristow stated she attended the Finance Commission meeting, the Conceptual Design meeting, the Vally Transportation Authority (VTA) Policy Committee meeting, the Cities Association Legislative Action Committee meeting, and the Los Gatos History Club donor brick garden dedication.
- Council Member Badame stated she participated in the West Valley Stormwater Authority board meeting, the West Valley Solid Waste Management Authority meeting, the Conceptual Development Advisory Committee meeting, the Cities Association Legislative Action Committee meeting, and the Los Gatos History Club donor brick garden dedication. - Mayor Moore stated he participated in round tables with West Valley leaders, Supervisor Abbe Kobg, and Congressmen Sam Liccardo; attended the Silicon Valley Youth Climate Action Awards; met with Saint Vincent Depal Society; attended VTA meetings, West Valley Sanitation District meetings, and the Cities Association board meeting.

Town Manager Report
Chris Constantin, Town Manager
- Provided an update regarding the Residence Alarm Ordinance.

Closed Session Reports
There were no updates.

ADJOURNMENT
The meeting adjourned at 10:53 p.m.

Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk

ITEM NO. 1.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/03/2026
ITEM NO: 2
DATE: February 26, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt an Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 2281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone for Property Located at 16100 Greenridge Terrace (APN: 527-12-002); and Adopt an Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning Code Effecting a Zone Change from HR-2½:PD (Hillside Residential, Two and One-Half to 10 Acres for Each Dwelling Unit, Planned Development) to HR-1 (Hillside Residential, One to Five Acres for Each Dwelling Unit) for a Portion of Property Located at 16084 Greenridge Terrace. Located at 16300 and 16084 Greenridge Terrace and 240 La Terra Court. APNs 527-12-003, 527-12-004, and 527-15-002. The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption. Property Owners: 16300 Greenridge Terrace and 240 La Terra Court: Greenridge Terrace Development, LLC; and 16084 Greenridge Terrace: Richard Luu.

Applicant: Hanna Brunetti. Project Planner: Sean Mullin.

Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 2281 establishing development standards and allowable uses for lots within the Planned Development Overlay zone for property located at 16100 Greenridge Terrace (APN: 527-12-002).

An Ordinance of the Town Council of the Town of Los Gatos amending the Zoning Code effecting a zone change from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned Development)

ITEM NO. 2.

PAGE 2 OF 5
SUBJECT: 16300 and 16084 Greenridge Terrace and 240 La Terra Court/ PD-25-004, M-25-006, and Z-25-001
DATE: February 26, 2026
to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property located at 16084 Greenridge Terrace.

RECOMMENDATION: Adopt an Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 2281 establishing development standards and allowable uses for lots within the Planned Development Overlay zone for property located at 16100 Greenridge Terrace (APN: 527-12-002); and Adopt an Ordinance of the Town Council of the Town of Los Gatos amending the Zoning Code effecting a Zone Change from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned Development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property located at 16084 Greenridge Terrace. Properties located at 16300 and 16084 Greenridge Terrace and 240 La Terra Court.

FISCAL IMPACT:

There is no fiscal impact associated with this action. Approving the amendment to the Planned Development 2281 and zone change applications would not in itself result in an impact on the Town’s budget.

STRATEGIC PRIORITY:

The modification to the Planned Development Overlay zone and zone change support the Town’s 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:

On February 17, 2026, the Town Council considered and voted unanimously to introduce the above referenced Ordinances and adopted a Resolution approving the Lot Line Adjustment application. Adoption of the Ordinances included as Attachments 1 and 2 would finalize the decision. The Ordinances will take effect 30 days after adoption.

PUBLIC COMMENTS:

Project signage was installed on the site, and written notice was sent to property owners and tenants located within 500 feet of the subject properties. Project signs were updated following the Planning Commission hearing dates to show the Town Council hearing date and time. At the

ITEM NO. 2.

PAGE 3 OF 5
SUBJECT: 16300 and 16084 Greenridge Terrace and 240 La Terra Court/ PD-25-004, M-25-006, and Z-25-001
DATE: February 26, 2026
time of publication of this report, no public comments were received.

COORDINATION:

This report was coordinated with the offices of the Town Manager and Town Attorney.

ENVIRONMENTAL ASSESSMENT:

The request for modification of a Planned Development Ordinance is not considered a project pursuant to the California Environmental Quality Act (CEQA). The request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption. A Notice of Exemption will not be filed.

ATTACHMENTS:

1. Draft Planned Development Ordinance

2. Draft Zone Change Ordinance, with Exhibit A

ITEM NO. 2.

This Page
Intentionally
Left Blank

ITEM NO. 2.

ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING PLANNED DEVELOPMENT ORDINANCE 2281

ESTABLISHING DEVELOPMENT STANDARDS AND ALLOWABLE USES FOR LOTS

WITHIN THE PLANNED DEVELOPMENT OVERLAY ZONE

FOR PROPERTY LOCATED AT
16100 GREENRIDGE TERRACE (APN: 527-12-002)
WHEREAS, the applicants propose to amend Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change of a portion of land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1, located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court; and WHEREAS, the performance standards of Planned Development Ordinance 2281 will remain in effect for all lots within this Planned Development Overlay Zone, with the added construction and use of improvements in Section III below; and WHEREAS, the Planning Commission recommended approval of the modification to Planned Development amendment at its regularly noticed public hearing on January 14, 2026, finding that the amendment meets the purpose and intent of a Planned Development Overlay Zone, is in conformance with the Town’s General Plan, is in conformance with all applicable provisions of the Town Code, and that the amendment allows for a Lot Line Adjustment with the resulting lots meeting the zoning requirements for size and remaining consistent with intent of the existing Planned Development Ordinance; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on February 17, 2026; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval of the Planned Development amendment; and WHEREAS, the Town Council considered all facts and information related to the request to amend Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change of a portion of land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1, located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction

ITEM NO. 2.

and 240 La Terra Court (Santa Clara County Assessor Parcel Numbers APNs 527-12-003, 527-12- 004, and 527-15-002.) as shown on Exhibit A.

WHEREAS, the Town Council approves Planned Development application PD-25-004 to repeal and replace Planned Development Ordinance 2281 clarifying development standards, allowable uses, and performance standards for this Planned Development Overlay Zone.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Legislative Findings.

1. With regard to CEQA, the request to modify Planned Development Ordinance 2281 is not considered a project pursuant to the California Environmental Quality Act (CEQA).

2. With regard to required compliance with the Town Code, as required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:

A. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay Zone; B. Conforms with the goals, policies, and applicable land use designations and standards of the Town’s General Plan, including but not limited to Goals LU-1, LU-6, and CD-14, and Policies LU-6.1, LU-6.4, LU-6.5, CD-14.1, and CD-14.2;
C. Conforms with all other applicable provisions of the Town Code,; and D. Allows for a Lot Line Adjustment with the resulting lots with meeting the zoning requirements for size and remaining consistent with intent of the existing Planned Development Ordinance.

SECTION II. Planned Development Overlay Zone.

The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property located at 16100 Greenridge Terrace (Santa Clara County Assessor Parcel Number 527-12-002) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR-2½ (Hillside Residential, two and one-half to 10 acres for each dwelling unit) to HR2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned

ITEM NO. 2.

Development). Ordinance number 2281, passed and adopted by the Town Council of Los Gatos on April 16, 2019, is hereby repealed and replaced with this Ordinance.

SECTION III. Uses and Improvements Authorized.

The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements:

1. Subdivision of one lot into eight lots.

2. Construction of eight market rate single-family detached residences.

3. Landscaping, private streets, trails, parking and other improvements shown and required on the Official Development Plans.

4. Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans.

5. Uses permitted are those specified in the HR-2½ (Hillside Residential, two and half to 10 acres for each dwelling unit) zone by Sections 29.40.235 (Permitted Uses), as it exists at the time of the adoption of this Ordinance, or as they may be amended in the future.

6. As provided in Exhibit C and approved by the Town Council under Lot Line Adjustment application M-25-006, adjustment of the common lot line between Lot 1 (16300 Greenridge Terrace) and Lot 2 (240 La Terra Court); and adjustment of the common lot line between Lot 1 (16300 Greenridge Terrace) and 16084 Greenridge Terrace.

SECTION IV. Compliance with Other Development Standards.

All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise.

SECTION V. Tentative Subdivision Map and Architecture and Site Approvals Required.

A Tentative Subdivision Map and Architecture and Site Approvals are required before construction of subdivision improvements or new residences, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 (PD Ordinance) of the Town Code.

SECTION VI. Official Development Plans.

The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the

ITEM NO. 2.

Official Development Plan. The following performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk):

TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. OFFICIAL DEVELOPMENT PLANS: The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plans are not approved and shall be reviewed during the Architecture and Site application approval process.

2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney.

3. SUBDIVISION REQUIRED: A Tentative Map application shall be approved for the project prior to the issuance of building permits. The Development Review Committee may be the deciding body of the Tentative Map.

4. ARCHITECTURE AND SITE APPROVAL REQUIRED: A separate Architecture and Site (A&S) application and approval is required for each of the new residences. The Architecture and Site applications shall be reviewed by the Development Review Committee.

Architectural details, including fencing and a project entry sign, shall be refined as part of this process with input from the Town’s Consulting Architect.

5. FINAL LANDSCAPE PLAN: A final landscape plan shall be reviewed by the Town’s Consulting Landscape Architect and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24-inch box.

6. WATER CONSERVATION ORDINANCE REQUIREMENT: The proposed landscaping 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 prior to the issuance of a building permit.

7. SETBACKS: The minimum setbacks are those specified by the HR-2½ zoning district or as otherwise shown on the Conceptual Development Plans.

ITEM NO. 2.

8. FENCING: Fencing shall comply with the Town Code and Hillside Development Standards and Guidelines in place at the time of approval. Fence locations, design, and materials shall be reviewed and approved during the Architecture and Site review(s). The CC&R’s for the project shall include a restriction prohibiting the home owners from replacing the fence type approved during the Architecture and Site review(s) without prior approval from the Town. The CC&R’s shall prohibit fencing within the open space easement.

9. BUILDING HEIGHT: The maximum height of the new residences shall be the maximum height listed in the Hillside Development Standards and Guidelines. The maximum height of the new residences on lots 3, 4, 5, and 8 shall be limited to 18 feet due to visibility concerns.

10. BUILDING FLOOR AREA: The maximum floor area of the new residences shall be the maximum floor area listed in the Hillside Development Standards and Guidelines.

11. GRADING: Depths of cut and fill for the roadway and site improvements shall not exceed the maximums shown in the Official Development Plans (Exhibit B).

12. OUTDOOR LIGHTING: All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process.

13. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards and Guidelines.

14. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior materials be maintained in conformance with the Town’s Hillside Development Standards and Guidelines.

15. BELOW MARKET PRICE (BMP) IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee shall be paid by the property owner/developer pursuant to Town Code Section 29.10.3025 and any applicable Town Resolutions. The fee amount shall be based upon the Town Council fee resolution in effect at the time a final or vesting tentative map is approved.

16. PROJECT CC&R’s. CC&R’s shall be provided with the Tentative Map application and shall address the following:
a. Maintenance of private roadway
b. Maintenance of landscaping adjacent to the private road c. Maintenance of storm drain system
d. Maintenance of public open space
e. Maintenance of public trail

ITEM NO. 2.

f. Landscape guidelines (shall be compliant with the Hillside Development Standards and Guidelines, EIR, and safe fire protocol).

17. FINAL CC&R’s: Final CC&R’s shall be approved by the Town Attorney prior to the recording of the Final Map. The CC&R’s shall include provisions for traffic circulation, vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing restrictions. The approved CC&R’s shall become conditions of this Ordinance.

18. TREE PRESERVATION: All recommendations of the Town’s Consulting Arborist shall be followed. Refer to the report and addendum report prepared by Richard Gessner, dated June 30, 2017 and June 20, 2018 for additional details. The Arborist Consultant shall reevaluate the plans for the new residences during Architecture and Site review.

19. TREE REMOVAL: Tree removal shall be limited to the scope of this PD and future approvals as follows:

Planned
Development
No tree removal.

Subdivision Tree removal limited to that required for site improvements related to installation of the roadway and shared driveway; installation of utilities; and construction of retaining walls for the roadway and shared driveway.

Architecture and Site Tree removal required for construction of each single-family home and improvements.

20. DEED RESTRICTION: Prior to the issuance of building permits for each single-family residential development, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the on-site trees that were used to provide screening in the visibility analyses conducted under each Architecture and Site application and requires replacement screening in conformance with the Town’s Hillside Development Standards and Guidelines and/or the Tree Protection Ordinance if the trees die or are removed.

21. MAINTENANCE AGREEMENT: Prior to the issuance of building permits for each singlefamily residential development, a five-year maintenance agreement shall be submitted for the preservation of the on-site trees that were used to provide screening in the visibility analyses conducted under each Architecture and Site application.

22. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition or grading permits.

23. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being

ITEM NO. 2.

removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final inspection and issuance of occupancy permits.

24. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Refer to the report and addendum report prepared by Richard Gessner, dated June 30, 2017 and June 20, 2018 for requirements. Fencing shall be six-foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans.

25. FINAL UTILITY LOCATIONS: The applicant shall submit plans showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plans shall be submitted for review and approval prior to issuance of building permits for new construction.

26. PLAN INCONSISTENCY: Any inconsistencies between sheets shall be limited to whichever is more restrictive.

27. GENERAL PROVISIONS: This Planned Development shall comply with provisions in Town Code Sections 29.40.015 through 29.40.070, and Article V, unless more restrictive provisions are required in other performance standards for the subject Planned Development.

28. SCENIC EASEMENTS: Scenic easements shall be dedicated on the parcel map by separate instrument across portions of lots 1, 2, 3, and 5 connecting the area to be dedicated as open space on the north portions of lots 1 and 5 to the south property lines of lots 2 and

3. Easement language shall indicate that such land shall not be encroached into with fences, structures, landscaping, or improvements of any kind, and no work shall be performed within the Scenic Easement, including clearing, other than for wildland fire fuel management or weed abatement. Any and all maintenance within the scenic easements shall be the sole responsibility of the property owner.

29. *AIR QUALITY MITIGATION MEASURE AQ-1: The project contractor for subdivision improvements and residential lot development shall implement basic dust control measures at all on-site and off-site locations where grading or excavation takes place.

The project contractor shall implement additional dust control measures at all on-site and off-site locations where grading or excavation takes place within 200 feet of residential properties.

Basic dust control measures:

ITEM NO. 2.

a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 mph; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; and
f. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations. g. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph;
h. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established; and
i. Unpaved roads shall be treated with a three to six-inch compacted layer of wood chips, mulch, or gravel.

30. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-1: Focused plant surveys were conducted in spring 2018; if project development occurs more than five years after spring 2018, the surveys shall be repeated per below. To protect potentially occurring special-status plants, the presence/absence of fragrant fritillary, Hall's bush-mallow, Loma Prieta hoita, western leatherwood, and woodland woollythreads shall be determined within the development footprint and fire defensible space. A qualified biologist shall conduct focused botanical surveys for these five-target species in accordance with current California Department of Fish and Wildlife and California Native Plant Society rare plant survey protocols. Surveys shall occur during overlapping blooming periods for the target species (likely March and June). If the surveys conclude that the species are not present, no further mitigation is required. If any special-status plant species is present within the development footprint and fire defensible space, to compensate for loss or reduction of a special-status plant population, the project proponent shall retain a qualified biologist or native plant specialist to collect seed from

ITEM NO. 2.

all plant individuals and/or salvage plants within the development footprint at the optimal time prior to initiation of ground disturbance activities. The project proponent and the Town of Los Gatos shall oversee selection of an appropriate mitigation area, preferably on the project site, or in the immediate vicinity, that would not be disturbed in the future. After selection of the mitigation area and approval by the Town, a qualified biologist shall develop a Special-Status Plant Management Plan detailing optimal methods for seed collection/plant salvage from the impact area, preparation of the mitigation area, and seed/plant installation at the mitigation area. The plan shall also include maintenance measures to manage the rare plant occurrence for long-term protection and persistence at the mitigation area. Collected seeds/plants shall be installed at the mitigation area at the optimal time. Topsoil from the on-site occurrence location shall also be salvaged (if practical) for use in the mitigation area.

The Special-Status Plant Management Plan shall require at a minimum three years of annual monitoring by a qualified biologist during the plant’s peak blooming period to ensure that mitigation was successful and that long-term maintenance procedures specified in the plan are creating conditions that support survival of the transplanted population. The initial focused surveys will identify how many plant individuals occur in the development footprint; this amount or more must occur in the mitigation area during each of the three years following installation. If this success criteria is not achieved, the project proponent shall coordinate with the Town to implement remedial mitigation through revision of the Special-Status Plant Management Plan, and then collection of additional seed from a local population and repeated installation in the mitigation area, followed by another three years of annual monitoring. This process shall be extended as needed until all success criteria contained in the Special-Status Plant Management Plan are achieved.

31. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-2: Prior to the start of construction activities for the subdivision improvements and development of residential lots, a qualified biologist shall conduct pre-construction surveys of the grassland habitat on the site to identify any potential American badger burrows/dens. These surveys shall be conducted no more than 15 days prior to the start of construction. In the event that construction activities are suspended for 15 consecutive days or longer, including the time period between the subdivision improvements and development activities at each respective residential lot, these surveys shall be recompleted. If a potential American badger burrow/den is found during the surveys, coordination with the California Department of Fish and Wildlife shall be undertaken in order to develop a suitable

ITEM NO. 2.

strategy to avoid impacts to American badger. With California Department of Fish and Wildlife approval, impacts to active American badger dens shall be avoided by establishing exclusion zones around all active badger dens, within which construction related activities shall be prohibited until denning activities are complete or the den is abandoned. A qualified biologist shall monitor each den once per week in order to track the status of the den and to determine when a den area has been cleared for construction.

32. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-3: A qualified biologist shall conduct pre-construction surveys for woodrat middens within the development footprints. These surveys shall be conducted no more than 15 days prior to the start of construction for the infrastructure improvements and development of the residential lots. In the event that construction activities are suspended for 15 consecutive days or longer, including the time period between the subdivision improvements and development activities at each respective residential lot, these surveys shall be recompleted. All woodrat middens shall be flagged for avoidance of direct construction impacts where feasible. To avoid midden/nest disturbance, if active middens/nests are found, a 50-foot buffer will be established in which project activities will not occur. This buffer should be clearly marked. For all woodrat middens/nests that cannot be avoided by project activities, live trapping should be conducted by a qualified biologist to determine if the midden/nest is in use. Trapping should occur prior to April and after mid-July to avoid impacts to woodrats rearing young or to young woodrats. If a midden/nest is found to be unoccupied (none captured after two nights of trapping), then it can be removed as described below. If woodrats are trapped, they may be kept in captivity by a qualified biologist until their middens/nests are immediately relocated.

Each midden/nest should be dismantled by hand as described below, and the relocated midden/nest should be placed in suitable habitat a minimum of 50 feet from the construction area, no closer than 20 feet from existing woodrat middens/nests and other relocated woodrat middens/nests, and be reassembled under shrub or tree canopy that will receive some sunlight. The midden/nest should be rebuilt surrounding a log-based structure, an inverted wooden planter, or similar structure having at least one entrance and exit hole. Any cached food and nest material found during nest dismantling should be placed within the relocated midden/nest during rebuilding. The occupied trap should then be opened, placed tightly against the entrance to the artificial shelter, and the woodrat be allowed to enter the midden/nest on its own accord. After the individual enters, the entrance should promptly be covered with a loose plug of small sticks to encourage the individual to stay for the short-term. Where impacts

ITEM NO. 2.

cannot be avoided, woodrat middens shall be dismantled no more than three days prior to construction activities starting at each midden location. All vegetation and duff materials shall be removed from three feet around the midden prior to dismantling so that the occupants do not attempt to rebuild. Middens are to be slowly dismantled by hand in order to allow any occupants to disperse.

33. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-4: Approximately 15 days prior to tree removal or other construction activities, the applicant shall retain a qualified biologist to 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 surrounding the water tank structures situated within 50 feet of disturbance activities by the project. In the event that construction activities are suspended for 15 consecutive days or longer, including the time period between the subdivision improvements and development activities at each respective residential lot, these surveys shall be recompleted. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked. Locations off the site to which access is not available may be surveyed from within the site or from public areas.

If no roosting sites or bats are found, a letter report confirming absence shall be submitted by the biologist to the Town of Los Gatos and no further mitigation is required. If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the biologist to the Town of Los Gatos prior to disturbance activities or grading permit issuance and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they shall be evicted as described under (b) below. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall 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

ITEM NO. 2.

nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures within 50 feet of project disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist. If preconstruction surveys determine that there are bats present in any trees or structures 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 removal methods 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 within 50 feet of any structures shall be conducted no earlier than the following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree removal/disturbance activities). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.

34. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-5: 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 occurs during the bird nesting season, then a qualified biologist shall conduct pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project activities. 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), or if construction activities are suspended for at least 15 days and recommence during the nesting season, including the time period between the subdivision improvements and development activities at each respective residential lot, a qualified biologist shall conduct nesting bird surveys. Two surveys for active nests of such birds shall occur within 15 days prior to the start of construction, with the second survey conducted within 48 hours prior to the start of construction. Appropriate

ITEM NO. 2.

minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be completed by the qualified biologist prior to initiation of construction 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.

35. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-6: Prior to issuance of a building permit or a grading permit for infrastructure improvement and each residential lot, developers shall retain a certified arborist to develop a site-specific tree protection plan for retained trees, and supervise the implementation of all proposed tree preservation and protection measures during construction activities, including those measures specified in the 2017 project arborist report and 2018 project arborist report addendum. Also, in accordance with the Town’s Tree Protection Ordinance, the project proponent shall obtain a tree removal permit for proposed tree removals on each development lot prior to tree removals, and shall install replacement trees in accordance with all mitigation, maintenance, and monitoring requirements specified in the tree removal permit(s) or otherwise required by the Town for project approvals.

36. *GEOLOGIC HAZARDS MITIGATION MEASURE GEO-1: Prior to the approval of development applications for the project site, design-level studies for the roadways and infrastructure, and each of the proposed residential lots shall be prepared and shall address site specific geotechnical issues and provide lot-specific foundation and drainage recommendations. These design-level studies shall include an evaluation of expansive soil for each lot as well as an evaluation of local and global slope stability of

ITEM NO. 2.

each building area, concept, and access way. The design-level study for Lot 1 shall include an assessment of the potential hazards associated with alluvial infilling or debris flows along with geotechnical provisions for collecting and dispersing concentrated runoff flowing down the axis of the drainage towards the home site.

37. *GEOLOGIC HAZARDS MITIGATION MEASURE GEO-2: Prior to the approval of development applications for the individual lots, applicants shall be responsible for demonstrating to the satisfaction and approval of the Town Engineer that proposed design plans are in conformance with all current California Building Code standards and that all design measures and site preparation recommendations as suggested in the lotspecific geotechnical studies identified in mitigation measure GEO-1 have been incorporated into the project’s final design.

Building Division

38. PERMITS REQUIRED: A separate Building Permit shall be required for each new singlefamily residence and each detached structure including retaining walls.

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

Engineering Division

39. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner, Applicant and/or Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner, Applicant and/or Developer's expense.

40. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.

ITEM NO. 2.

41. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Owner/Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation (Caltrans). Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any grading or building permits.

42. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT):

The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town’s right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works prior to the issuance of any grading or building permits.

43. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in penalties and rejection of work that went on without inspection.

44. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

ITEM NO. 2.

45. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.

46. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.

47. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.

48. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any permits or recordation of the Final Map.

49. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner, Applicant and/or Developer’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.

50. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. Additionally, any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer.

51. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). After the preceding Architecture and Site Application has been approved by the respective deciding body, the grading permit application (with grading plans and associated required materials and plan check fees) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location(s), driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner/Applicant/Developer’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the

ITEM NO. 2.

Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.

52. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading proposed will be charged accordingly.

53. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not commence until after/occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15), has ended.

54. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading activities and operations shall be in compliance with Section III of the Town’s Hillside Development Standards and Guidelines. All development shall be in compliance with Section II of the Town’s Hillside Development Standards and Guidelines.

55. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

56. DRAINAGE STUDY: Prior to the issuance of any grading permits, a drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.

57. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading/improvement permits, whichever comes first, the Owner, Applicant and/or Developer shall: a) design provisions for surface drainage; and b) design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) provide a recorded copy of any required easements to the Town.

58. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a grading permit/building permit.

ITEM NO. 2.

59. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes.

60. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process.

61. GENERAL: The Owner, Applicant and/or Developer shall comply with all Town, County, State and Federal laws and regulations applicable to this land division. No other proposed development is included in this particular application of the Certificate of Compliance. Issuance of a Certificate of Compliance will acknowledge the Town’s acceptance of the parcel as legally created in accordance with the Subdivision Map Act.

Any subsequent development will be required to demonstrate compliance with the Town Development Standards and Codes.

62. CERTIFICATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two (2) copies of the legal description for each lot configuration, a plat map (8-½ in. X 11 in.) shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than ninety (90) days old and the appropriate fee. The certificate shall be recorded prior to the issuance of any permits.

63. FINAL / PARCEL MAP: A final/parcel map shall be recorded. Two (2) copies of the final/parcel map shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. Submittal shall include closure calculations, title reports and the appropriate fee. The map shall be recorded prior to the issuance of any grading or building permits. The Applicant/Subdivider shall provide the Engineering Division with an electronic copy (in PDF format) and two hardcopies of the signed recorded map along with a CAD drawing of the Parcel Map after it is recorded.

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

65. PRIVATE UTILITIES–STREET: Prior to the recordation of a subdivision map the Applicant/Developer/Subdivider shall place a note on the map, in a manner that meets

ITEM NO. 2.

the approval of the Town Engineer that states: "The private streets, utilities constructed within this map shall be owned, operated and maintained by the Developer, successors or assigns.”

66. DESIGN-LEVEL REPORTS: One copy of a geotechnical and geologic report shall be submitted with the application of each approved lot. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code.

67. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Owner, Applicant and/or Developer’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as-built” letter/report prepared by the Applicant’s soils engineer and submitted to the Town before final release of any occupancy permit is granted.

68. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the Geologic and Geotechnical Feasibility Study by UPP Geotechnology, dated October 4, 2016, and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town’s consultant and costs shall be borne by the Owner, Applicant and/or Developer.

69. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities.

70. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation.

The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation.

71. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility

ITEM NO. 2.

easements. The deed restrictions shall specify that no trees, fences, structures or hardscape are allowed within the easement boundaries, and that maintenance access must be provided. The Town will prepare the deed language and the Owner, Applicant and/or Developer's surveyor shall prepare the legal description and plat. The Owner, Applicant and/or Developer shall pay any recordation costs. The documents shall be recorded before any grading or permits are issued.

72. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of involved parties shall accompany any proposed private easement. Access driveway shall be within the recorded access easement. A new private access easement shall be recorded, and a copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to issuance of building permit or realigned access driveway shall be completed prior to the issuance of building permit.

73. QUITCLAIM OF EASEMENTS: The Owner, Applicant and/or Developer has/have indicated that 4 easement(s) will be abandoned. This abandonment shall be recorded, and a copy of the recorded quitclaim shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to issuance of building permit.

74. SIDEWALK REPAIR: The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructure must meet current ADA standards.

Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued.

75. CURB AND GUTTER REPAIR: The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards. New curb and gutter shall be constructed per Town Standard Details.

New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and

ITEM NO. 2.

accepted by the Town before a Certificate of Occupancy for any new building can be issued.

76. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall comply with Town Code Section §23.10.080.

77. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,

26.10.065, and 29.40.030.

78. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors.

79. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of a/any building/grading permit(s), the Owner/Applicant/Developer shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a/any building permit(s). The final traffic impact mitigation fee for this project shall be calculated from the final plans using the current fee schedule and rate schedule in effect at the time the building permit is issued, using a comparison between the existing and proposed uses.

80. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the project applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm, smartphone video (in Landscape orientation only) or digital video camera. The survey shall extend Santella Drive, Santella Court, Shady Lane, and Greenridge Terrace.

81. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant shall complete a pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre-construction condition and strength shall be determined using State of California procedures for deflection analysis. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued. The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond.

82. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and

ITEM NO. 2.

worker vehicles shall be allowed to park on the portion of any public (Town) streets without written approval from the Town Engineer.

83. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and approved by the Town Engineer prior to the issuance of an encroachment, grading or building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow.

All flag persons shall have the capability of communicating with each other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation.
d. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes, traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for review and approval by the Town Engineer prior to the issuance of an encroachment, grading or building permit.
e. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency services shall be made regarding parking restriction, lane closure or road closure, with specification of dates and hours of operation.

84. HAULING OF SOIL: 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 Director of Parks and Public Works. Prior to the issuance of an encroachment, grading or building permit, the Developer or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the Developer to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control.

Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand and other loose debris.

85. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m.,

ITEM NO. 2.

weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town.

86. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA.

87. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any encroachment, grading or building permits, the Developer’s design consultant shall submit a construction management plan sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s Construction Management Plan Guidelines document for additional information.

88. SHARED PRIVATE STREET: The private street accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.

89. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement that traverses the Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.

90. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any permits, the Owner, Applicant and/or Developer shall coordinate with the Santa Clara County Fire Department to ensure that any proposed modifications to the Emergency Vehicle Access Easement that traverses the Project Site are curvilinear, allows for the Department’s equipment to travel across said easement, and meets all Department specifications. Plans shall be submitted to the Santa Clara County Fire Department for approval prior to construction.

91. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used.

ITEM NO. 2.

A Sanitary Sewer Clean-out is required for each property at the property line, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town.

92. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District’s decision on whether a backwater device is needed shall be provided prior to the issuance of a building permit.

93. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more which are part of a larger common plan of development which disturbs less than one (1) acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The Owner, Applicant and/or Developer is required to provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering Division of the Parks and Public Works Department and/or Building Department upon request.

94. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection.

Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders.

95. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following measures:
a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas.

ITEM NO. 2.

c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater.

96. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment projects are subject to the stormwater development runoff requirements. Every Owner, Applicant and/or Developer or their design consultant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements.

97. BIORETENTION SYSTEM: The bioretention system shall be designed to have a surface area no smaller than what is required to accommodate a 5 inches/hour stormwater runoff surface loading rate, infiltrate runoff through bioretention soil media at a minimum of 5 inches per hour, and maximize infiltration to the native soil during the life of the project. The soil media for bioretention system shall be designed to sustain healthy, vigorous plant growth and maximize stormwater runoff retention and pollutant removal. Bioretention soil media that meets the minimum specifications set forth in Attachment L of Order No. R2-2009-0074, dated November 28, 2011, shall be used.

98. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration trenches:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall review the design of the infiltration trenches and retaining walls along the portion of the road within the property boundary and determine whether additional structural supports are needed to ensure stability of the road and the adjacent hillside during the wet season.
b. The assumed infiltration rate of 1.33 in/hour shall be verified with actual site-specific soils data prior to the Final Stormwater Control Plan for the road and development on each lot, and if the infiltration rate is lower than 0.67 in/hour, a hydrologic analysis shall be conducted to ensure that the proposed trench sizes are adequate. c. If the lots are to be developed individually, each lot shall provide infiltration trenches consistent with the final stormwater control plan for the project, sized based on the actual amount of impervious surface to be created on the lot. d. The road and infiltration trenches shall be protected from sediment generated during construction of homes on the lots. The proposed source control measures shall be indicated on the project plans.

ITEM NO. 2.

e. Maintenance of stormwater treatment and the infiltration trenches shall be the responsibility of the property owner and/or future property owners. A maintenance agreement shall be prepared establishing the property owner or owners’ responsibility.

99. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful discharges to storm drains include, but are not limited to:
discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle cleaning.
100. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is recommended that the landscape architect ensure that the characteristics of the selected plants are similar to those of the plants listed for use in bioretention areas in Appendix D of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3 Stormwater Handbook.
101. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. 102. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur.

ITEM NO. 2.

Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
103. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or otherwise kept dustfree. b. All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off-site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes. e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out control device is also recommended to minimize mud and dirt-track-out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to 15 mph. g. All driveways and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

ITEM NO. 2.

i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
104. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation.
105. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 106. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-2015-0049, NPDES Permit No. CAS612008. The plan shall delineate source control measures and BMPs together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town. In the event that the storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The Owner, Applicant and/or Developer may elect to have the Planning submittal certified to avoid this possibility. 107. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm water management plan: “The biotreatment soil mix used in all stormwater treatment landscapes shall comply with the specifications in Attachment L of the MRP.

Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a minimum of thirty (30) days prior to delivery of the material to the job site using the Biotreatment Soil Mix Supplier Certification Statement.” 108. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment soils provider is required and shall be given to Engineering Division Inspection staff a minimum of thirty (30) days prior to delivery of the material to the job site. Additionally deliver tags from the soil mix shall also be provided to Engineering

ITEM NO. 2.

Division Inspection staff. Sample Certification can be found here:
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL. 109. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner/homeowner’s association shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by the Town’s Stormwater Discharge Permit and all current amendments or modifications. The agreement shall specify that certain routine maintenance shall be performed by the property owner/homeowner’s association and shall specify device maintenance reporting requirements. The agreement shall also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded, and a copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to the release of any occupancy permits.
110. MAINTENANCE OF PRIVATE STREETS: 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.
111. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
112. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner, Applicant and/or Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Developer's expense.
113. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously.
114. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
115. FUTURE STUDIES: Any post-project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 116. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to the recordation of the final / parcel map.

ITEM NO. 2.

117. ABOVE GROUND UTILITIES: The Owner, Applicant and/or Developer shall submit a seventy-five (75) percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by the Community Development Department prior to issuance of any permit.
118. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final / parcel map. A copy of the recorded agreement(s) shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any permit. 119. PUBLIC STREET LIGHTING: Public street lighting will not be required/allowed per General Plan update and Hillside designation. On-lot lighting shall be incorporated and promoted.
120. PERCOLATION TESTING: Onsite percolation testing should be performed during the design phase to validate the fractured bedrock infiltration rates and support the infiltration trench design.
121. STORMWATER FACILITY SIZING: The treatment and hydromodification management facility sizing should be confirmed during the design phase, including rerunning the BAHM model with appropriate parameters.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
122. FIRE APPARATUS (ENGINE) ACCESS ROAD REQUIRED: In all cases, the minimum requirements are found in the currently adopted edition of the California Fire Code Sec. 503, as amplified in the SCCFD SD&S A-1. All such roadways shall be a minimum of 20 feet in width, a minimum vertical clearance of 13’6”, maximum grade of 15%, with a minimum circulating outside radius of 42’. All such roadways shall be capable of supporting a maximum imposed load of 75,000 pounds and where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17.
123. WILDLAND-URBAN INTERFACE: This project is located within the designated WildlandUrban Interface Fire Area. The building construction shall comply with the provisions of Section R327 of the California Residential Code or the California Building Code (CBC) Chapter 7A., as applicable. Note that vegetation clearance shall be in compliance with

ITEM NO. 2.

CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements.
124. FIRE HYDRANT(S) AVAILABLE: The number of fire hydrants available to a complex or subdivision shall not be less than that determined by spacing requirements listed in CFC Table C105.1 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted. Existing fire hydrants on public streets are allowed to be considered as available. The average spacing between fire hydrants shall not exceed that listed in Table C105. Hydrants shall be a maximum of 500 feet from each other, as measured along the curb line. Fire protection water supplies shall be subject to approval by the Santa Clara County Fire Department and shall comply with locally adopted Standards and CFC Sec. 507.
125. TURNING RADIUS (CUL-DE-SACS): The minimum outside turning radius is 36 feet. Use of cul-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck access is required, unless greater turning radius is provided. Cul-de-sacs diameters shall be no less than 72 feet. CFC Sec. 503.
126. EMERGENCY ACCESS/DRIVEWAYS: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the Fire Code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (floor prone areas, railway crossings, bridge failures, hazardous material-related incidents, etc.). The vertical clearance shall be in accordance with the Fire Code, 13 feet, 6 inches. 127. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Maximum grade in any direction shall be a maximum of 5 percent.

Installations shall conform with Fire Department Standard Details and Specifications D1. CFC Sec. 503. 128. CONSTRUCTION FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

ITEM NO. 2.

SECTION VII. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.

SECTION VIII. Publication.

The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION IX. Effective Date.

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 17th day of February 2026, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on the 3
rd day of March 2026, and becomes
effective 30 days after it is adopted. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ITEM NO. 2.

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 2.

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Left Blank

ITEM NO. 2.
1 of 3
Ordinance Council Meeting Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING THE ZONING CODE EFFECTING A ZONE CHANGE
FROM HR-2½:PD (HILLSIDE RESIDENTIAL, TWO AND ONE-HALF TO 10 ACRES FOR

EACH DWELLING UNIT, PLANNED DEVELOPMENT)
TO HR-1 (HILLSIDE RESIDENTIAL, ONE TO FIVE ACRES FOR EACH DWELLING UNIT) FOR A PORTION OF PROPERTY LOCATED AT 16084 GREENRIDGE TERRACE.

WHEREAS, the applicant requests approval to change the zoning from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, planned development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property being added to 16084 Greenridge Terrace through approval of Lot Line Adjustment application M-25-006 between 16084 and 16300 Greenridge Terrace (Santa Clara County Assessor Parcel Numbers 527-15-002 and 527-12-003) as shown in Exhibit A; and WHEREAS, the Planning Commission recommended approval of the zone change at its regularly noticed public hearing on January 14, 2026, finding that the HR-1 (Hillside Residential, one to five acres for each dwelling unit) zoning is consistent with the zoning of property at 16084 Greenridge Terrace and the neighboring properties; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on February 17, 2026; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed zone change; and WHEREAS, the Town Council considered all facts and information related to a request to change the zoning from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, planned development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property being added to 16084 Greenridge Terrace through approval of Lot Line Adjustment application M-25-006 between 16084 and 16300 Greenridge Terrace (Santa Clara County Assessor Parcel Numbers 527-15-002 and 527-12-003) as shown on Exhibit A.

Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 2

ITEM NO. 2.
2 of 3
Ordinance Council Meeting Date

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Legislative Findings.

1. With regard to CEQA, there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act, Section 15061 (b)(3), in that it can be seen with certainty that there is no possibility that the proposed zone change will have a significant effect on the environment, because the project does not include any physical development.

2. With regard to required consistency with the Town’s General Plan, the zone change is consistent with the General Plan and its Elements, including but not limited to Goals LU-1, LU-6, and CD-14, and Policies LU-6.1, LU-6.4, LU-6.5, CD-14.1, and CD-14.2.

SECTION II. Zone Change.

The Town Code of the Town of Los Gatos is hereby amended to change the zoning from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, planned development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property being added to 16084 Greenridge Terrace through approval of Lot Line Adjustment application M-25-006 between 16084 and 16300 Greenridge Terrace (Santa Clara County Assessor Parcel Numbers 527-15-002 and 527-12-003) as shown on Exhibit A.

SECTION III. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs,

ITEM NO. 2.
3 of 3
Ordinance Council Meeting Date
sentences, clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.

SECTION IV. Publication.

The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION V. Effective Date.

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 17th day of February 2026, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on the 3
rd day of March 2026, and becomes
effective 30 days after it is adopted. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).

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. 2.

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ITEM NO. 2.

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From: HR2-1/2:PD To: HR-1
Z-25-001 A.P.N. # 527-12-004
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date: March 3, 2026
Mayor
Date: January 14, 2026
Ord:
§
16084 Greenridge Terrace
Portion to be rezoned
Greenridge Ter
ATTACHMENT 2

EXHIBIT A

ITEM NO. 2.

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ITEM NO. 2.

PREPARED BY: James Watson
Senior Engineer
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: 03/03/2026
ITEM NO: 3
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Approving the Final Map for Tract Number 10657 (Solana Project), Accepting the Dedications, and Approving and Authorizing the Town Manager to Execute the Subdivision Improvement Agreement, the Landscape Maintenance Agreement, the Stormwater Treatment Facilities Maintenance Agreement, and the Multi-Use Pathway Maintenance Agreement in Substantially the Form Presented RECOMMENDATION: Adopt a resolution approving the final map for Tract Number 10657 (Solana Project), accepting the dedications, and approving and authorizing the Town Manager to execute the Subdivision Improvement Agreement, the Landscape Maintenance Agreement, the Stormwater Treatment Facilities Maintenance Agreement, and the Multi-Use Pathway Maintenance Agreement, in substantially the form presented.

FISCAL IMPACT:

The Town will incur incremental ongoing maintenance costs for the additional public right-ofway improvements following acceptance of the project. Since the Town already maintains Los Gatos-Saratoga Road, this incremental cost is expected to be small relative to the cost of maintaining the existing right-of-way. As noted above, the developer will enter into an agreement, as required by the project’s conditions of approval, to maintain the proposed vegetated areas within the Town right-of-way, thus limiting the Town’s maintenance costs.

Infrastructure within the project, including all stormwater treatment facilities, landscaped areas within the right-of-way, roadways, and the multi-use pathway improvements, will be privately maintained in perpetuity pursuant to recorded maintenance agreements.

ITEM NO. 3.

PAGE 2 OF 3
SUBJECT: Adopt a Resolution Approving the Final Map for Tract Number 10657 (Solana Project), Accepting the Dedications, and Approving and Authorizing the Town Manager to Execute the Subdivision Improvement Agreement, the Landscape Maintenance Agreement, the Stormwater Treatment Facilities Maintenance Agreement, and the Multi-Use Pathway Maintenance Agreement in Substantially the Form Presented
DATE: February 3, 2026
STRATEGIC PRIORITY:

This action supports the Town’s strategic priorities by supporting the development of a range of housing opportunities while facilitating implementation of the Town’s certified Housing Element and previously approved housing entitlements.

BACKGROUND:

On December 20, 2023, SummerHill Homes LLC (“Developer”) applied for the construction of a multi-family mixed-use residential development with 155 units on a site requiring a grading permit, removal of large, protected trees, and a condominium vesting tentative map under Senate Bill 330, also known as the Housing Crisis Act of 2019. On March 4, 2025, the Town Council approved the project entitlement. An appeal was filed and subsequently denied, establishing an entitlement date for the development of March 4, 2025.

The Developer has filed the Final Map for Tract Number 10657 to subdivide and create 28 new parcels for condominium purposes, five supporting roadways, and a designated remainder. The Final Map includes public service easements, public access easements, and emergency vehicle access easements located onsite to be dedicated to the Town. The Final Map is ministerial in nature and implements the previously approved vesting tentative map.

DISCUSSION:

The final map subdivides five existing parcels, spanning an area of approximately 8.0 acres, into 155 separate condominium spaces for multi-family residential units, private streets, open space, and areas for stormwater treatment. The developer has provided all necessary maps and drawings, as well as the required agreements, contracts, bonds, and liability insurance to guarantee the construction of all improvements. The developer paid its Storm Drainage Fee prior to commencement of on-site demolition work and is required to pay a Traffic Impact Fee prior to the issuance of any certificate of occupancy, as appropriate, to fully comply with the previously imposed development conditions and Town ordinances. Staff has reviewed the Final Map and finds it to be in substantial conformance with the approved Vesting Tentative Map, Conditions of Approval, and the Subdivision Map Act.

The developer is also required to construct an emergency vehicle access path across the adjacent Los Gatos High School property to connect with the existing road network on the school site. This easement is shown on the map, and the work is stipulated in the Subdivision Improvement Agreement.

ITEM NO. 3.

PAGE 3 OF 3
SUBJECT: Adopt a Resolution Approving the Final Map for Tract Number 10657 (Solana Project), Accepting the Dedications, and Approving and Authorizing the Town Manager to Execute the Subdivision Improvement Agreement, the Landscape Maintenance Agreement, the Stormwater Treatment Facilities Maintenance Agreement, and the Multi-Use Pathway Maintenance Agreement in Substantially the Form Presented
DATE: February 3, 2026
The agreements provided in Attachments 3, 4, 5, and 6 are necessary to facilitate the development and meet the requirements of several of the project’s conditions of approval.

These agreements are substantially complete in their attached form and may undergo minor adjustments. All maintenance agreements will be recorded against the property and will run with the land, binding successors and assigns.

CONCLUSION:

Staff recommend that Council adopt a resolution approving the final map, accepting the dedications, approving and authorizing the Town Manager to execute the above-listed agreements for Tract Number 10657 (Solana Project) in substantially the form attached.

COORDINATION:

This staff report has been coordinated with the Community Development Department, Town Attorney’s Office, and Town Manager’s Office.

ENVIRONMENTAL ASSESSMENT:

Approval of the final map and the associated agreements is not a project subject to CEQA, because it can be seen with certainty that these actions will not impact the physical environment. (CEQA Guidelines Section 15061(b)(3).)
With regard to the approved development project, additional environmental review of the proposed project was not required pursuant to CEQA Guidelines Section 15183. The proposed project was consistent with the development density that was analyzed in the EIR for the 2040 General Plan.

Attachments:

1. Resolution

2. Final Map

3. Subdivision Improvement Agreement

4. Landscape Maintenance Agreement

5. Stormwater Treatment Facilities Maintenance Agreement

6. Multi-Use Pathway Maintenance Agreement

ITEM NO. 3.
1 of 3
Draft Resolution Adoption Date
ATTACHMENT 1
RESOLUTION 2026-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING THE FINAL MAP FOR TRACT NO. 10657 (THE SOLANA PROJECT),

AUTHORIZING THE EXECUTION OF A SUBDIVISION IMPROVEMENT AGREEMENT AND

RELATED DOCUMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, SummerHill 50 LGSR LLC, a California Limited Liability Company (“Subdivider”), has submitted for approval a Final Map entitled “Tract 10657” (the “Final Map”), covering approximately 8.82 acres located at Los Gatos-Saratoga Road and Alberto Way, Town of Los Gatos, County of Santa Clara, State of California; and WHEREAS, The Final Map is consistent with the Town’s General Plan, any applicable Specific Plan, the Town’s Subdivision Ordinance (Chapter 24 of the Los Gatos Municipal Code), and the Subdivision Map Act (Government Code Section 66433-66443); and WHEREAS, The Planning Commission of the Town of Los Gatos, recommended project approval on February 12, 2025, including a Vesting Tentative Map for Condominium Purposes subject to conditions of approval; and
WHEREAS, The Town Engineer has reviewed the Final Map and certified that it is technically correct and substantially in compliance with the approved Vesting Tentative Map and applicable laws; and
WHEREAS, The Subdivider has agreed to enter into a Subdivision Improvement Agreement (“Improvement Agreement”) with the Town to guarantee the installation of required public improvements, and to provide improvement security as required by law; and WHEREAS, The Subdivider has also agreed to execute and/or record the following associated agreements and documents, as applicable:
 Stormwater Treatment Facilities Maintenance Agreement,  Landscape Maintenance Agreement,
 Multi-Use Pathway Maintenance Agreement,
 Offers of Dedication for emergency vehicle access easements, public access easements, and public utility easements,
 Any other agreements required by the conditions of approval; and WHEREAS, The Town Council has considered the Final Map and all related reports and recommendations.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows:

Section 1. Findings.

ITEM NO. 3.
2 of 3
Draft Resolution Adoption Date
ATTACHMENT 1
The Town Council hereby finds that:

1. The Final Map is in substantial compliance with the previously approved Vesting Tentative Map and all conditions of approval.

2. The Final Map complies with applicable provisions of the Subdivision Map Act and the Los Gatos Municipal Code.

3. The required public improvements are secured by the Improvement Agreement and accompanying bonds or other approved security.

4. The project complies with the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15183: Streamlining Process, since the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable.

Section 2. Approval of Final Map.

The Final Map for “Tract 10657 - The Solana Project” is hereby approved, subject to satisfaction of all conditions of approval.

Section 3. Acceptance of Offers of Dedication.

The Town Council hereby accepts, on behalf of the public, the offers of dedication shown on the Final Map for:
 Public utility easements
 Emergency Vehicle Access Easements,
 Public Access Easements
Such acceptance shall become effective upon recordation of the Final Map, except for any offers specifically rejected or accepted subject to future improvement.

Section 4. Authorization to Execute Agreements.

The Town Manager is hereby authorized and directed to execute the Subdivision Improvement Agreement and any related agreements referenced herein, in substantially the form presented and subject to approval as to form by the Town Attorney.

The Town Clerk is authorized to attest to such documents, and the Town Manager, Town Engineer, and other appropriate officials are authorized to take all actions necessary to implement this Resolution.

Section 5. Recordation.

The Town Clerk is authorized and directed to transmit the approved Final Map to the County Recorder for recordation upon execution of the Improvement Agreement and receipt of required securities and fees.

Section 6. Effective Date.

This Resolution shall take effect immediately upon adoption.

ITEM NO. 3.
3 of 3
Draft Resolution Adoption Date
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ____ of ______, 2026, 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. 3.
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OWNER'S STATEMENT
WE HEREBY STAlE THAT WE ARE ALL Of THE PARTIES HAWle ANY RECORD mu lfl EREST IN THE
AN
SU80'1DEO REAL PROPERTY SHOWN 'MTHIN THE DISTINCTII{ 80RDERUNE ON lltS MAP, D WE HEREBY CONSENT TD THE PREPARATION AND RECOROATION ()f 1115 MAP - AU. OEDICA TIONS AND OFFERS Of DEDICA TIDN THEREN. lHE REAL PRDP£RTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PLBUC PLRPOSES:

THE AREAS DEUNEAlED "PUBLIC ACCESS EASEMENT° (
PAE
) ARE OffEREO FOR
DEDICATION TO THE PUBLIC FOR THE PURPOSE Of PLBUC PEDESTRIAN AND l{HICULAR INGRESS AND EGRESS.

2. THE ARE AS DEUNEA 1ED "PUBLIC SER\1CE EASEMENT° (

PSE) ARE OFFERED FOR
DEDICATION TO THE PUBLIC FOR THE PURPOSE Of CONSTRUCTING ,

IMSTAUUNG,

OPERATING,

MAIN TAINING
,

REPAIRING
,

AND REPLACJNG UNDERGROUND PUBLIC UTUTIES
INCLUDNG lliCTRIC
,
GAS
,
CAB\£ TE\£'1gON
,

COMMUNICATION, STORM DRAIN, WATER,

IRRIGATION AND APPURTENANCES THERETO
. CONTAINED 'MTHN THE PLE ARE PRI VAT!'
STORM DRAIN FAOLITIES. THE MAINT!'NANCE,
REPAIR
,
AND/
OR REPLACEMENT Of
PR VAl E STORM DRAINAGE FAOUTIES SHALL BE THE SCl.l' RESPONSIBIIJTY Of THE PRDP£RTY OWNER OR SUBSEQUENT HOMEOWNER'S ASSOCIATION AS llETIRMHD BY THE APPROPRIAlE COVENANTS, CONDITIONS, AND RESTRICTIONS
3 THE AREAS DEUNEA TED "EMERGENCY VEHla.E ACCESS EASEMENT° (EVAE) ARE OFFERED FOR DIEDICA TIDN TO THE PLBUC FOR THE PLRPOSE Of EMERGENCY VEHla.E INGRESS AND EGRESS.
lHE ABOVE MENTIONED EASEMENTS ARE TO BE KEPT OPEN ANO FREE FROM 8UIIJJIHGS, STRUCTURES OF ANY KIND EXCEPT PUBLIC SER'1CE STRUCTURES ,
IRRIGATION SYST!'MS ANO

APPURTENANCES THERETO
,
LA'l,fl.JL FENCES ANO AU. LAWFUL UNSUPPORTED ROOF

OVERHANGS,

ANO TREES OR DEEP ROOTED SHRUBS
.

WE HEREBY RESERVE AN EASEMENT FOR PR VAT!' STORM CRAIN FACJUTIES AS OELINEAT!'O HEREON ANO oEgGNA 1ED AS "PSOE". THE PERPETUAL MAINT!'NANCE,

REPAIR, ANO/OR
REPLACEMENT OF PRIVAlE STORM DRAIN FAOLITIES SHAU. BE THE SCl.l' RESPONSJBILITY Of

THE PROPE
RTY OWNER OR SUBSEDUENT HOMEOWNER'S ASSOCIATION AS OET!'RMINED BY THE AflPROPRtATE CO....rNANTS, CONDITIONS, AND RESlRICllONS .

WE HEREBY RESER'v£ AN EASElrAENT FOR PRIVATE SAN TARY SEWER FAOLillES AS D£1.JNEATEO H

EREON ANO DESIGN
AlED AS "PSSE". THE PERPETUAL MAINT!'NANCE,
REPAIR
,
ANO/OR REPLACEMENT Of PR IVAlE SAN TARY SEWER FAOLITIES SHAU. BE THE SCl.l' RESPONSIBIUTY OF lH
E PROPERTY OWNER OR SUBSEQUENT HOMEOWNER'S ASSOOA TION AS OET!'RMINEO BY THE APPROPRIAlE COVENANTS, CONDITIONS, AND RESTRICTIONS.

WE EREBY RESERVE AN EASEMENT FOR SOIL NAJL ANCHOR FAOUTIES AS DELINEATED HEREON ANt DESIGNATED AS •sOIL NAIL ANO¼OR EASEMENT • TI-iE PERPETUAL MAINTENANCE, REPAR, ANO/OR REPV,CEMENT %/;�t o:'rnN
: :����:�o=sBE�� AS =l��1:t �t:pPROPRIAlE COVENANTS, CONDITIONS, ANO RESTRICTIONS THE AREAS ocgGNAlED P:cfili� ���t/a:�EL�J::'�ePicp:F Ali �if:= F ARE N
OT OFFERED r: p��VA

TE STREETS
.

PARKING, UTILITIES, ORAINAGE, Al>Kl PEDESTRIAN ANO
F

OR THE PURPOSE AND EGR
ESS IN ACCORDANCE 'MTH lHE SUBOl',lgON RESTRICTIONS FOR \9iKlJl.AR INGRES�CELS ARE TO B E CON�YED TO THE HCl,IEO..iERS ASSOCIA TIC». BY
�J:fi; ��MENT SUBSEDUENT TO THE RUNG Of lHIS MAP
JOB NO. 3812.()()()
TRACT 10657

CONSISTING OF II SHEETS
BEING A SUBDIVL�ON FOR CONDOMINIUM PURPOSES OP ALL OP TRACT ONE, PARCELS lWO, 1111EE, AND FOUR; A PORTION OF TRACT ONE, PARCEL ONE; AND A PORTION OHRACT lWO, AS ALL ARE DESCRIBED IN THATORANT DEED RECORDED AS DOCUMENT NO. 25884750 OF SANTA CLARA COUNTY RECORDS.

TOWN OF WS GATOS, SANTA CLARA COUNTY, CALIFORNIA
�

CIVIL ENGINEERS
SAN RAMON • (1125) 868-0322
ROSEVILLE ■ (818)788-«M WWWC8ANOG.COM
SURVEYORS • PLANNERS
JANUARY 2026

OWNER'S STATEMENT (CONTINUED)
THE AIREA OESIGMAT!'D PARCEL G PARCEL H & PARCEL I IS NOT OFFERED FOR DEDICATION FOR USE BY THE GENERAL PLBUC BUT IS RESERVED FOR THE PURPOSE Of OPEN SPACE, UTILITIES, ORAJMAGE, ANO PRIVAT!' PEDESTRIAN INGRESS ANO EGR£SS °' ACCORDANCE 111TH THE SUBDl�gON RESlRICTIONS FOR lHS MAP. SAID PARCEL IS TO BE CONVEYED TO THE HOMEOWNERS ASSOOATION BY SEPARAT!' INSTRUMENT SUBSEDUEMT TO THE FLING Of THS MAP. lHE AREA DESIGMAT!'O "
O
EgGMATED REMAINDER" IS TO BE RETAINED BY THE OWNER.

AS O�ER:

SUMMERHILL 50 LGSR LLC,
A CALlfORNIA LIMTED LIABILITY COMPANY

BY SUMMERHILL LGL VENTURE LLC,
A DELAWARf LIM TED LIABILITY COMPANY ITS SCU MEMBER
BY SUWMERHILL LQ. VENTURE WANAGER LLC, A DELAWARE LIMTED LIABLITY COMPANY 115 MANAGING WEMBER
BY SUMMERHU HOMES LLC, A CALIFORNIA UMT!'D UAIBUTY COMPANY ITS MANAGER NAME (PR1NT), K€vil'I EB11A tlimi
OAT!'__
:
lc,:/_;1 '4_,,/..ca.c...___ w __ _

OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC M OTI-iER OfFlCER Cc»;fllfTlNG TI-ilS CERTIFlCATE \t'.RIFIES ONLY THE IDENTITY Of THE INDl\10UAl 'M-10 SIGNED THE DOCUMENT TO 'M-IICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFUi.HESS. ACCURACY, OR VAUDlTY Of THAT DOClMENT
STAT!' Of C,A'-iA>C .. ifl I ss
COUNTY Of ,.....,A CMRWI I
ON 1/&'4 /2.lo , BEFORE ME, :[IIR'f I.Eflt41..!4 , A NOTARY PLBUC, PERSOMAl.l

APPEARED
Y
141,,iN 5M8 tt:Mt , IIIHD PRmUl TO ME ON THE BASIS Of SATlSfACTMY E\1D£NCE TO BE lHE PERSOM!ij lllOSE NAME(ij IS/IIE-SUBSCRIBED TO THE 111THIN INSTRUMENT ANO ACKM0'1l£0GED TO ME SIGMATURE(!lj
lHAT HE/!H'/llfl
ON THE
EX£CUTED

INSTRUMENT
THE
THE
SAME
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I< ltS/Hel/llH AUlHORllEO CAPAC TY(&), ANO lHAT BY HIS/lti;­ , OR THE ENTITY UPON BEHALF Of llllCH THE PERSON!&) ACTED , EXECUTED THE l<STRUWEMT.

I
CERTIF Y UNDER PENALTY Of PERJJRY UND ER THE LAWS Of THE STAT!' Of CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CCllRECT.
111TNESS MY HAN� SIGNATURE: -'�-#"ULC;c_ �""-_______
MAME (
PRINT)
:
:f1&p'( 1.J Dl4 .... PRIHOPAl COUNTY OF BUSINESS: $A.MD Ct., flN.t(N MY COMIIISSION - 2.s,, 1,11
MY C(WSSl()N EXPIRES: HMe M 11, aoa.c.

OWNER'S ACKNOWLEDGMENT
A NOTARY PUil.JC OR OTHER OFTICER COMPl£TINC THI
S CERTFICATE VERlflES ONLY THE IOEN
N
1bV �
THE IMDIWlUAL lllO SIGNED THE DOCUMENT TO IHCH THIS CERTIFICATE IS ATTACHED, ANO TRUTHFUUNESS, ACrulACY, OR VALIDITY OF THAT OOOJMEMT.

STAT!' OF c.11u'�jA I ss.

COUNTY OF (AflJM c.d!1'I I
ON I� /!;Co BEFORE WE, S� L.£ Oltl.. A NOTARY PUBLIC, PERSONALLY APPEARED $� A-ll••s , lllO p TO M(ON THE BASIS Of SATISFACTORY EVIDENCE TO BE THE PERSON(Sj lllOSE MAME(-, IS/All. SUBSCRIBED TO THE \\!TH IN INSTRUMENT ANO ACKNO'MLEDGED TO ME lHAT HE/!NE,/l!R EXECUTED lHE SAME ti ltS/Wili/lllEIR AUTH<Jll2ED CAPAamii;.), ANO THAT BY HIS/MER/T+IQ!i SIGNATUREE') ON THE INSTRUMENT lHE PERSON(-,, OR THE ENTITY UPON BEHALF OF 11\lCH THE PERSONE5) AClED, EX£CUTED THE INSTRUMENT
I CERTIFY UNDER PENALTY OF PER.URY UNDER THE LAWS OF THE STATE Of CALIFORNA THAT THE FOREGOING

PARAGRAPH IS TRUE ANO CORRECT
WITNESS MY HANO:� SffiHATURE �
NAIME (PRINT) :TIIP'J I.Ef"'I ..

PRINOPAL COUNTY OF BUSINESS, Sf\..,.,. C&.lllltl'I eo, .. ,ry MY COMMISSION NUMBER: �2.��'\� 3 �'\ 1 �3�5 _____
•Y COMMISSION EXPIRES: M ft@al 30. ,Z,02,C,,

SURVEYORS STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY ll!RECTION AND IS BASED UPON A FJELC SURVE Y IN

REDUEST

CONFORMANCE

OF SUIIWERHILL
111TH THE RCONSTRUCTION
EDUIREWENTS Of COMPANY
THE SU00'1SION MAP ACT ANO LOCAL ORDINANCE AT THE
MONUMENTS ARE Of THE CHARACT!'R - OCCUP
IN JANUARY OF 2025. I HEREBY STAlE THAT ALL TH Y THE POSITIONS INOICA TEO OR THAT THEY \\1LL B E
THOSE PQgTIONS BEFORE DECEMBER 31, 2028, ANO THAT THE MONUMENTS ARE OR 'MLL BE SUFF

E SET IN
r����o�tTE��,i,:.O THAT THIS FlNAL MAP SUBSTANTIALLY CONFOflMS TO \<i:� NT TO
1 /,-,./zoz..<,
OAT!'

RECORDER'S STATEMENT
M��ARK H. WEHBER, P.LS. LS. NO. 7960
��Js
THIS _ DAY Of' _____ 202lHR�� IN BOOK
REDUEST Of FIRST AIMERICAN TI1l£ COMPANY. -- SANTA CLAR�� MAPS AT

OROS, AT THE
FlLE MO.
:

LOUIS CHIARAMONT!', COUNTY RECORDER

FEE-----
PAID: ____ _
BY
: nQEPLrni»T
Y ;- --------
ATTACHMENT 2

ITEM NO. 3.

TRUSTEE'S STATEMENT
lHE UNDERSIGNED, lRSlE, INC., A VIRGINIA CMPORA.TION, AS m\JSTEE UNDER ll£ DOCUMENT REctROEO OCTClER 15 2025 AS DOClJMENT NO. 25884-752, CfllOAL. RECORDS CF SANTA Cl.ARA COJNTY, CAI..FORNIA, �SENTS TO TI£ PREPARATION AND FILING OF THIS FINAL MAP ffiACT 10657, ANO .K>INS IN AU. CJTIRS CJ" DECllCA TION H£R8N.

BY, _____________ _ om, ________ _
NAME (PRJNT), __________ _ T
ITI.£, --------

TRUSTEE'S ACKNOWLEDGMENT
A NOTARY PUBLIC� OlHER cmcER CClilU11HG lllS C[RTIFlCATE � ONLY ll£ IDENTITY CF lHE INDIVIDUAL 'M-iO SIGN£0 THE DOCUMENT TO 'MilOl lllS CERTIFICATE IS ATTA.0£0, ANO NOT THE TRUTlfl.lLNESS, ACO.JRACY, � VAlDTY (F THAT DOCUMENT.
�SOH��AU. =r�AP=PE°"ARED =-
.,,
������=·
,,,
E
E
F
,,..
°"',,,.,,,.
"'
,,
· ;::::::;_-. �e=PRO='otO=T
=o 'i. :1
:l �CJ"
SATISFACTORY Ev1DENCE TO 8£ THE P[RS()l(S) 'M-fOSE NAME(S) IS/ARE SUBSCRtf£D TO TiiE WITI-IIN INSTRUMENT ANO ACKNO't't\.EDGEO TO ME THAT HE/SHE/THE
Y EXECUTED THE SAM£ IN HIS/HER/lHEIR AUTHORIZED
CAPAOTY(IES), ANO ll<AT BY HS/HEll/THElR SIGNAT\JRE(S) ON ll<E INSTRUMENT M PERSOH(S), OR ll<E ENTITY UPON BEHALF Of 'M-IICH THE P£RSO,l(S) ACTED, EXECUlED lHE INSTRUMENT.

I CERTIFY UNDER PENALTY Of PERJJRY UNDER THE LAWS Of THE STATE Of CAl.JfORNIA THAT THE FCREGOING PARAGRAPH IS TRUE AND CORRECT.
'MTNESS MY HAND:

SIGNAlURE: _________ __ _
NAME (PRINT), _____________ _
PRINOPAL COUNTY OF BUSINESS: ________ _
MY COMMISSION NUt.lBER: __________ _
MY COMMISSION EXPRES: __________ _

TITLE NOTES
THE LANDS INCLU0£D 'MTHIN THIS TRACT MAP ARE SUB.£CT TO THE fOU.OWING TERMS AND PR0"'510NS:
2 THE TERt.lS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITlED "AGREEM£NT," RECORD£0 MARCH 27, 1925 AS BOOI< 147, PAGE 290 Of OfFICIAL RECORDS.

THE TERt.lS ANO PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "WEMORANOUM Of AGREEMENT REGARDING FEE CREDIT SAVINGS: RECORDED OCTOOER 15, 2025 AS INSTRUMENT NO. 258lM751 Of CfflCIAL RECORDS.

ENT RECORDED OCTOBER 15, 2025 AS INSTRUMENT NO
25884753 Of CfflCIAL RE:CCRDS PROW)[S
A OOCU� ABOVE OOCUt.lENT WAS SUBOROINAlED TO TH£ DOCUMENT REC(JH)(O O C
T<HR 15. 2025 AS ::Ju�ENT NO. 25884752 Of OfFlOAL RECMDS • .KlB NO. 3812-000
TRACT 10657
CONSISTING OP 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OP ALL OFTRACT ONE, PARCELS TWO, 1111EB
,
AND FOUR; A PORTION or TRACT ONE
,
PARCEL ONE; AND A PORTION OF TRACT TWO
,

AS ALL ARE DESCRIBED IN THA
T GRANT DEED RECORDED AS DOCUMENT NO. 25884
750 OP SANTA CLARA COUNTY RECORDS.

TOWN Of I.OS GATOS
,

SANTA CLARA COUNTY, CALIFORNIA
(cbgj CNIL ENa,NEERS
SAN RAMON • (Ne) N8-0322 ROSEVILLE • (818)781-4458 ---
• SURVEYOfltS • PLANNERS
JANUAR
Y 2026
SIGNATURE OMISSIONS:

PURSUANT TO GO\tRNMOIT COOE SECTION 6ti4J6 Of lHE CAlfORNIA SUBCXVISOl MAP ACT, THE SIGNAR.HS Of H FCUO'i1NG PARTIES HAVE BEEN OMTTED:

1. SAH JOSE WATER
: AN EASEMENT FOR WATER PIP£UNE ANO INOOCNTAL PURPOSES, RECCJfflED NOVEMBER 7, 2012 AS DOCUMENT NO. 2942580 Of OFFIOAL RECOOOS.

STATEMENT OF THE COUNCIL OF THE

TOWN OF LOS GATOS
IT IS ORO£R£D THAT THE PARCEl MAP OR MAP Of TRACT 10657 IS 1-EREBY APPRO',{[), THAT All STREETS, ROADS, EASEMENT AND ono PARCfl.S Of LANO SHO'IIH UPON SAi) MAP ANO THEREIN OFFERED FOR 0£DICA TION ARE HEREBY ACCEPTED FOR TH£ PURPOSES Of 't\HICH THEY AREITTER£DI 1£REBY STATE THAT THE FOREGOING ORDER WAS ADOPTED BY THE TOWN COONCIL Of THE TOWN Of LOS GATOS, CALFORN A, AT A MEETING HELO ON THE ___ OAY Of __ ___ ,o __ ·BY RESCl.UTIOO NO. _______ _
a.ERK ADMINISTRATOR

TOWN OF LOS GATOS
DATE

TOWN ENGINEER'S STATEMENT
I HEREBY STA.TE rnAT I HA\€ EXMINEO TllS FltAl MAP OCSGNATED "TRACT 10657" THAT Tl£ SUEIOl\4SI� AS SHm1JN IS SU8STAHTIAUY H SAME AS T APPEARED C,-, THE TENTATI\!£ MAP JMY APPRQ'tW ALTERATICW THERECf';
THAT ALL PRO�SIONS � THE SUBD IJISION MAP
ACT. AS A.MEHDED, NCJ Cf' JMY LOCAi.. CRllHAHCE APPUCA81..£ AT THE TIME Of APPROVAL CF Tl£ TEHTA.Tl\€ MAP HA\€ BE£.N COtiFLEO •1H

TOWN SURVEYOR'S STATEMENT
��e
z..s�w�\��:ir� �N���:��fAlED TRACT 10657· AND
/·16-.,6
DATE

SOILS/ GEOTECHNICAL REPORT NOTE
A GEOTECHNICAL ASSESSMENT WAS �ARED BY ENGtO, DATED t.lARCH ..__ NO. 23306.000 001 , SIGNED BY GREGM'Y CUBBON, A.NO HAS BEEN FIL.£ !9, 2025 PROJECT TI-iE CITY ENGINEER. O AT THE OfFICE OF

SHEET 2 OF 11
ITEM NO. 3.

LINE TABLE

NO BEARING LENGTH
L1 N89.28' 45"E 43.30'
L2 N77'40'36"W 43.11'
L3 N34i5'10"E 3.17'
L4 N22·49•11 "E 10.00'
L5 N77'40'36"W 56.73'

ABUTTERS RIGHTS RELIN UISHED
PER 3108 OR 322
FOUND 3/4"

IRON PIPE, OPEN
BOUNDARY NOTES:

1. ALIGNMENT OF BELLA VISTA AVENUE AND SOUTHEASTERN

TRACT BOUNDARY ESTABLISHED BY SPLITTING CURBS ON
LOS GATOS BOULEVARD AND HOLDING PARALLEL THERETO.

NO CURBS, GUTTERS, OR SIDEWALK EXIST ON BELLA VISTA
AVENUE.

2. A PORTION OF THE NORTHERN RIGHT OF WAY OF BELLA

VISTA AVENUE IS LABELED HEREON IN ORDER TO TIE THE
TRACT BOUNDARY TO THE FOUND IRON PIPE THEREON. THE

ENTIRETY OF THE DESIGNATED REMAINDER IS UNSURVEYED
AND NOT A PART OF THIS SUBDIVISION.

JOB NO. 3812-000
TOVVN Of LOS
5662 OR 58Lt
\
\
\
\
\
\
\

PORTION OF
DOC. NO. 15135755

PARCEL ONE
DOC. NO.
13902603

PORTION OF

PARCEL FOUR
DOC. NO. 13172176
FOUND 3/4" t

IRON PIPE, OPEN
FOUND 3/4"

IRON PIPE,
OPEN

PARCEL THREE
DOC. NO. 13902603 DESIGNATED REMAINDER
(NOT APART)
941.73'
N56.18'29"W 996.40'
(S57'23'1 Q"E)( 3)(5)
(996.82')(3)
NOTES:

LOS GATOS UNJON SCHOOL DJSTRJCT
29 J\;j 2'J

1. DISTANCES SHOWN HEREON ARE FEET AND DECIMALS THEREOF AND ARE GROUND LEVEL DISTANCES.

2. TIES ARE PERPENDICULAR TO CENTERLINES AND MONUMENTS LINES UNLESS OTHERWISE NOTED.

3. DUE TO ROUNDING, THE SUM OF THE INTERMEDIATE DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

4. THE AREA WITHIN THE SUBDIVISION BOUNDARY IS 8.009 AC±. .w
,-.... -
_,.,., ,.,., - co
0, ,-.... P,.,;
,.,.,
BROINN
2L!89680 ·j
TRACT 10657
CONSISTING OF 11 SHEETS
----BEING A SUBDMSION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL

1..---- OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO.

CT)
(c..l
D....,
·- 71.58'(3)(6)-· SNF
N56'28'05"W
15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON • (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
60' 0'
�-- --
SCALE: 1" = 60' DECEMBER 2025
30' 60'
1�1
120'

GRAPHIC SCALE
BASIS OF BEARINGS:
240'
THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78'26'24"E.

LEGEND
(T)
(R)
(M-M)
(M-PL)
Ill
•
©
PSE
PAE
EVAE
PSDE
PSSE
REFERENCES:

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE

EASEMENT LINE

CENTERLINE
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE
FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT

FOUND MONUMENT AS NOTED

SET STANDARD STIREET MONUMENT, LS
7960

PUBLIC SERVICE EASEMENT

PUBLIC ACCESS EASEMENT

EMERGENCY VEHICLE ACCESS EASEMENT

PRIVATE STORM DRAIN EASEMENT

PRIVATE SANITARY SEWER EASEMENT

EASEMENT NOTE

EASEMENTS WHICH AFFECT THE SUBJECT PROPERTY BUT CANNOT
BE PLOTTED FROM RECORD INFORMATION ARE AS FOLLOWS:

1. EASEMENT FOR WATER MAIN AND INCIDENTAL PURPOSES
PER BOOK 18 OF DEEDS, PAGE 88 OF OFFICIAL RECORDS.

SHEET 3 OF 11

ITEM NO. 3.
3 12
13 ' & �� 22
19 18
23 26
2 PARCELF 17
14 27 21 20
1 24
25 16

LOS GATOS UNJON SCHOOL DJSTRJCT
JOB NO. 3812-000
11 10
15 9
BROvVN
2Lt89o80 •j
�
I�
<
<
lga
<
�
�
�
I
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON • (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
60' 0'
�----
SCALE: 1" = 60'
30' 60'
1�1
DECEMBER 2025
120' 240'
l__ �I

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78'26'24"E.

LEGEND

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE
---------- EASEMENT LINE

CENTERLINE
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY LINE
Ill FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT
• FOUND MONUMENT AS NOTED
@

SET STANDARD STREET MONUMENT, LS
7960

PSE PUBLIC SERVICE EASEMENT

PAE PUBLIC ACCESS EASEMENT

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PSDE PRIVATE STORM DRAIN EASEMENT

PSSE PRIVATE SANITARY SEWER EASEMENT
• • • • • • • • • • • • SHEET LIMIT

SHEET NUMBER
[PRELIMINARY]
SHEET 4 OF 11

ITEM NO. 3.

LINE TABLE

NO BEARING LENGTH
L1 N33'41'31" E 19.41'
L2 N33'41'31"E 12.00' CURVE TABLE
L3 N33'41'31"E 19.41' (M-PL) NO RADIUS
NOTES:

L4 N56'18'29"W 8.00'
LS N33'41'31"E 19.41'
L6 N47'35'46"E 18.02' (M-M)
L7 N33'41'31"E 18.00'
LB N56'18'29"W 37.00'
L9 N33'41'31"E 18.00'
L10 N56'18'29"W 10.62'
L11 N77'21'35"W 18.00'
L12 N12'38'25"E 9.50'
L13 N77'21'35"W 18.00'
L14 N12'38'25"E 12.50'
L15 N33'41'31"E 6.62'
L16 N77'21'35"W
L17 N77'00'58"E
L18 N77'21'35"W
L19 N12'38'25"E
L20 N77'21'35"W
L21 N34'15'10"E
L22 N56'18'29"W
L23 N68'46'1 s·w
L24 N68'46'15"W
L25 N89'05'27"E
L26 N02'38'02''W

4.00'

37.43'

12.75'

7.00'

12.75'

3.17'

5.85'

38.43'

42.28'

27.91'

7.00'
(M-M)
(M-LL)
C1
C2
C3
C4
cs
C6
C7
CB

1. DISTANCES SHOWN HEREON ARE FEET AND DECIMALS THEREOF AND ARE GROUND LEVEL DISTANCES.

2. TIES ARE PERPENDICULAR TO CENTERLINES AND MONUMENTS LINES UNLESS OTHERWISE NOTED.

56.50'

56.50'

29.50'

29.50'

19.50'

29.50'

56.50'

29.50'

3. DUE TO ROUNDING, THE SUM OF THE INTERMEDIATE DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

4. THE AREA WITHIN THE SUBDIVISION BOUNDARY IS 8.009 AC±.

JOB NO. 3812-000
19,955 SF±
(PSDE)
-----. ------/
N � / I
FOUND 3/4" IRON

PIPE, OPEN
� a...

I
I
I
I
I
I

DELTA LENGTH
27'48'31" 27.42'
41'08'23" 40.57'
90'00'00" 46.34'
27'48'31" 14.32'
60'39'05" 20.66'
68'56'54" 35.50'
39'29'30" 38.94'
23'45'29" 12.23'
I

ABUTTER'S RIGHTS

RELINQUISHED PER
3108 OR 322
I
I
I
I ,
I /2� 6 /2 t--.· / Cl:)
I
I
;I
;I
;I
/2
/2
/2
;I
L---- L __ _
255.01'
Lu 0::::
z Lu
• Lu
N <C
� a...
_J a... ......

Ov
0:::: f-z:<0 Lu z r-­
f- t.uum <C :::;.oro � �o�
X <C
Lu Lu
2 6,284 SF±
1 .. 27' EVAE .. I
roO:J
ro
":>
·
3 .<.;, -�-� �'b
PARCELi
8,448 SF±
(PSDE)
28 7,614 SF±
I \
I

PARCELF
;..>
t-',
'Gi.
�
\ ("I
y;.
�
�
0 18,316 SF±
(EVAE, PSDE, PSSE, PSE)
\
0 LB

25.00' 12.00'

PSE SEE DETAIL
t Q SHEET 11
,: g PSE SEE DETAIL
i; :;;: I SHEET 10 3 5 r<")
•
2 PSE 27 SEE DETAIL
A SHEET 10
�
�-
,4..,
,&
-�
8,266 SF±

EE DETAIL
SHEET 10
PSE SEE DETAIL � p ARCEL H
p SHEET 11 3,250 SF±
(PSDE)

77.00'
26 �'l-
�St63.04'
N56'18'29"W 941.73'(T)

LOS GATOS UNJON SCHOOL DJSTRJCT
A
%. �
�
� �
a'
25 TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON • (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
30' 0'
�----
SCALE: 1" = 30'
15' 30'
1�1
DECEMBER 2025
60' 120'
I ___ I

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78'26'24"E.

LEGEND

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE
---------- EASEMENT LINE

CENTERLINE
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY LINE
Ill FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT
• FOUND MONUMENT AS NOTED
@

SET STANDARD STREET MONUMENT, LS
7960

PSE PUBLIC SERVICE EASEMENT

PAE PUBLIC ACCESS EASEMENT

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PSDE PRIVATE STORM DRAIN EASEMENT

PSSE PRIVATE SANITARY SEWER EASEMENT
REFERENCES:
(#) INDICATES REFERENCE NUMBER
(1) STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13 (R63018)(GRID) (2) STATE OF f'�����������.63.13A (R63019)(GRID)
(3) RECORD O . TIGIACOMO (93 M 7)
(4) MAP OF O ,
(5) RECORD O R ea , GATOS UNION HIGH
SCHOOL DIST le' tvMt
(6) RECORD OF SURVEY (913 M 16)
SHEET 5 OF 11

ITEM NO. 3.

PARCEL G
19,955 SF±
(PSDE)
N
in
CD
in
L1
w :z
o
in
CD
in
w 3 w
PARCEL J � �
� 5,933 SF± -�
� C2 �
r
V1 �
Z N Cl.. 4' Z
- -N77"21' 35"W 103.37' - - - - _FSDL • I
l.r)
E-; PARCELF
� 18,316 SF±
� (EVAE, PSDE, PSSE, PSE)
U'J.
�
�
U'J.

NOTES:
27 PSE SEE

DETAIL G
SHEET 10

PSE SEE

DETAIL B
SHEET 10

5.17'

PSE SEE

DETAIL U
26 SHEET 10
9,604 SF±
i.-----PSE SEE
,.,-;,
N t'") c.o
0 w c,;
N
'to t'")
co
!:')
N
2 lo
I�

DETAIL U
SHEET 10
I <D 2.5'
I • PSE 58.08'
N77"21'35"W
25 1. DISTANCES SHOWN HEREON ARE FEET AND DECIMALS THEREOF AND ARE GROUND LEVEL DISTANCES.

2. TIES ARE PERPENDICULAR TO CENTERLINES AND MONUMENTS LINES UNLESS OTHERWISE NOTED.

3. DUE TO ROUNDING, THE SUM OF THE INTERMEDIATE DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

4. THE AREA WITHIN THE SUBDIVISION BOUNDARY IS 8.009 AC±.

JOB NO. 3812-000

2.5'
PSE 'P
�
c,;
b I �
�I w
r--1 �
I co
!:')
I
N
N77"21' 35"W :z

54.58' I lj
P�tcELE
8,449 SF±
(EVAE, PSDE, PSSE, PSE)
c,;
N
""'"
w
N
'in
co
N
:z

SARATOGA-LOS GATOS ROAD
I
")
�
�
I
I
lo
I�
I
'°
I 2.5'
I • PSE N77"21 '35"W

57.66'
?'j
SEE SHEET?
N77"21'35"W 290.11'
4 9,807 SF±
in V1 4.46' N CL
·
1 w
------ 50.00'

2.5'
PSE
N77"21'35"W

55.00' I} 20 • t

PARCEL D
8,768 SF±
(EVAE, PSDE, PSSE, PSE)

2.5'
PSE
N77"21 '35"W
56,33'

CURVE TABLE

NO RADIUS DELTA
C1 56.50' 41 "08'23"
C2 56.50' 1 ·33'53"
C3 29.50' 90·00·00"
C4 29.50' 90·00·00"
C5 29.50' 90·00·00"
C6 29.50' 90·00·00"
C7 29.50' 90·00·00"
CB 29.50' 90·00·00"
C9 29.50' 90·00·00"
N75"36'16"W 281.47'(T)
I
I
_ _J
5 LENGTH

40.57'

1.63'

46.34'

46.34'

46.34'

46.34'

46.34'

46.34'

46.34'
NO
L1
L2
L3
L4
L5
L6

LINE TABLE

BEARING
N34i5'10"E
N22"49'11 "E
N77"00'58"E
N77"21 '35"W
N12"38'25"E
N77"21 '35"W
LENGTH

3.17'

10.00'

37.43'

12.75'

7.00'

12.75'
(M-M)
(M-LL)
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON • (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
30 ' 0'
�----
SCALE: 1" = 30'
15'
30 '
1�1
DECEMBER 2025
60 ' 120'
l __ ____,I

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78"26'24"E.

LEGEND
(T)
(R)
(M-M)
(M-PL)
Ill
•
@
PSE
PAE
EVAE
PSDE
PSSE
REFERENCES:
(#) INDICATES REFERENCE NUMBER

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE

EASEMENT LINE

CENTERLINE
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE
FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT

FOUND MONUMENT AS NOTED

SET STANDARD STREET MONUMENT, LS
7960

PUBLIC SERVICE EASEMENT

PUBLIC ACCESS EASEMENT

EMERGENCY VEHICLE ACCESS EASEMENT

PRIVATE STORM DRAIN EASEMENT

PRIVATE SANITARY SEWER EASEMENT
(1) STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13 (R63018)(GRID) (2) STATE OF f'�����������.63.13A (R63019)(GRID)
(3) RECORD O . TIGIACOMO (93 M 7)
(4) MAP OF O ,
(5) RECORD O R ea GATOS UNION HIGH
SCHOOL DIST le' tvMt
(6) RECORD OF SURVEY (913 M 16)
SHEET 6 OF 11

ITEM NO. 3.

SEE SHEET 6

PARCELE
PARCELF 8,449 SF±
18,316 SF± r\ (EVAE, PSDE, PSSE, PSE)
(EVAE, PSDE, PSSE, PSE)
If) 27
�
�
�
(/)
�
' I
I.

I")
CD
ID
=-I- N �
w � ;;::;
..;'
0 !,L.l
Lt)
N
00 r
N
�
'in ;;::;
N .,j
00 I")
I� N
� _LLJ
Z Lt) I
N <O >- � � < N f' �z
N77"21 '35"W 58.08'

2.5'
PSE
25 00
;;:j
N LLl N
23 N77"21 '35"W 54.58' I ¼s5ri
0 ":st­I s
I") � I
CDI
� L7 7,247 SF± 'in c,;
N N
00 � 8,352 SF±
CD ...J
L5 v...J
NOTES:
r
N �z
PSE SEE ----i

DETAIL H
SHEET 10

1. DISTANCES SHOWN HEREON ARE FEET AND DECIMALS THEREOF AND ARE GROUND LEVEL DISTANCES.

2. TIES ARE PERPENDICULAR TO CENTERLINES AND MONUMENTS LINES UNLESS OTHERWISE NOTED.

3. DUE TO ROUNDING, THE SUM OF THE INTERMEDIATE DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

4. THE AREA WITHIN THE SUBDIVISION BOUNDARY IS 8.009 AC±.

JOB NO. 3812-000
22 N77'21'35"W 57.66'

2.5'
PSE 21
7,386 SF±

5.00'

PSE SEE DETAIL
U SHEET 10

PARCELD
8,768 SF±
(EVAE, PSDE, PSSE, PSE)
N77"21'35"W 55.00'
N12"38'25"E 269.BO'(T)
00 c--i 20 I")
00 CD LLl 8,551 SF± C)
I") ID � N
00 r
N
z
0 s �I a I co
� :::a: c,;
CD
0 N
I")
<O !,L.l o LO
I") N
LLl 00
t") 1o N
�I z
r
N
I
I.

I�
I ;2
I
O')
N
r-...:
'j 8
N77'21'35"W 56.33'

2.5'
PSE 17
6,607 SF±

5.00'

PSE SEE

DETAIL U
SHEET 10
�-PSE SEE

DETAIL H
SHEET 10
N77'21 '35"W 56.33'

10.89'
16 7,797 SF±

LINE TABLE

NO BEARING LENGTH
Ll N33"41 '31 "E 6.62'
L2 N77'21'35"W 21.00'
'j 3
L3 N77'21'35"W 10.50'
L4 Nl 2"38'25"E 12.50'
L5 N77'21'35"W 18.00'
L6 Nl 2"38'25"E 9.50'
L7 N77'21'35"W 18.00'
LB N77'21'35"W 10.50'
O')
N
r-...:

L9 N21 '50'02"W 45.28' (M-M)
LLl 1 L!
L10 N56'18'29"W 7.61'
N
·co
L11 N33"41 '31 "E 18.00'
r
L12 N33"41 '31 "E 7.50'
z
L13 N33"41 '31 "E 10.50'
L14 N33"41 '31 "E 10.50'
L15 N56'18'29"W 22.90'
L16 N56'18'29"W 57.51' (M-M)
L17 N56'18'29"W 22.90'
L18 N84'04'16"W 37.27' (M-M)
L19 N40'24'11 "E 37.27' (M-M)
L20 N77'21'35"W 10.50'
Lt)
..;'
L21 N73"48'08"E 12.25' (R)
L22 N77'21'35"W 10.50'
LLl
1 5
'in
N
00 r
N

CURVE TABLE

NO RADIUS DELTA LENGTH
C1 29.50' 68'56'54" 35.50'
C2 50.50' 68'56'54" 60.77'
C3 29.50' 111 '03'06" 57.18'
C4 50.50' 111 '03'06" 97.88'
C5 50.50' 40"06'37" 35.35' (PSDE)
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON • (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
SCALE: 1" = 30'
30' 0' 15' 30'
o�-=•-=;•=-I I
DECEMBER 2025
60' 120'
l__ �I

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78"26'24"E.

LEGEND

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE
---------- EASEMENT LINE

CENTERLINE
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY LINE
Ill FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT
• FOUND MONUMENT AS NOTED
@

SET STANDARD STREET MONUMENT, LS
7960

PSE PUBLIC SERVICE EASEMENT

PAE PUBLIC ACCESS EASEMENT

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PSDE PRIVATE STORM DRAIN EASEMENT

PSSE PRIVATE SANITARY SEWER EASEMENT
REFERENCES:
(#) INDICATES REFERENCE NUMBER
(1) STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13 (R63018)(GRID) (2) STATE OF f'�����������-63.13A (R63019)(GRID)
(3) RECORD O . TIGIACOMO (93 M 7)
(4) MAP OF O ,
(5) RECORD O R ea GATOS UNION HIGH
SCHOOL DIST le' tvMt
(6) RECORD OF SURVEY (913 M 16)
SHEET 7 OF 11

ITEM NO. 3.

SARATOGA-LOS GATOS ROAD
N77'21'35"W 290.11'(T)
0L4 15.50' PARCFL G O c:::, � 0
w
�
N
00 r
;I I
N
-11 :z
I
,J
I
E-<
� �18' CZl :;;
.....:l 0:::
� Cl..

E-< .__..
0 :::r:
�
�
N
00 r
N
z
I 126.51'
_J � PSE SEE DETAIL E
SHEET 10
L3
5 N75'36'16"W 281.47'
oci
r---
w
�
N
00 r
N
:z
- w "'. (./)
N Cl..
158.46'
6 12,042 SF±

PSE SEE DETAIL G
SHEET 10

4.58'
- w "'. (./)
N Cl..
-157.89'- - 53.oo'._ _ -
N12'38'25"E 92.50'(M-M) PARCEL A N77'21'35"W 238.21' BERRYMAN WAY ©----'\r------7
17,909 SF±
_ 0
N77'21'35"!_ 75.50'(M-M) jEVAE,
0 PSDE, PSSE, _PS_E-'--) __ N77'21'35"W 141.17'(M-M_) __ _ (PRIVATE) N77'21 '35"W 66.54'(M-M)
L5 N77'21'35"W 7.00'-____,-, .- N77'21'35"W 141.17'

26.83' 37.50'
l�
....

CD
I")

42.50' 27.30'
� J c; I I PSE SEE L - � DETAIL N
SHEET 11

PSE SEE

DETAIL J

27.87'
I I I Cl !
_
J I 6' PSE SEE ) �S� J
DETAIL O PSE _ \

43.50'
ol
�I I")
• w
in
N
00 r
N
SHEET 10 SHEET 11 �I S :;j: ..-1 I t:: I_..,.,.,---PSE SEE DETAIL

2.5'
PSE
I
I l
z �.!=..
'°
N
i- H SHEET 10

6.50'

PSE SEE DETAIL
G SHEET 10 n

4.13'

PSE SEE DETAIL H
SHEET 10
oci
13 7.62' N
I")
w -
• 8 12 r--: �
� ui
9,453 SF± _.,......I ::(3 •
00 9,533 SF±
PSE SEE ---------- 1 � PSE SEE
DETAIL H 6.00' :z i----DETAIL U
SHEET 10 � w � r::,,,-_4_00, SHEET 10
�� � �
T � u :;j: I � l::s:w-1
I 2 o� \
- I .....:l >
8\ �g_ \
l
o
. � � �I >-- I�
, I t5 ¾--i I
I
� �
N77'21 '35"W 56.33'
PSE
N77'21'35"W 56.80' I
in
• w �
in
N
00 r
N
z
8 8,748 SF±

7.00'

2.5'
PSE
N77'21 '35"W 57.37'
\[;:;
I
I
I
N
w
�
N
00 r
N
:z
0 -----<
z
N77'21 '35"W 66.54' -'.::l
I 30.04'
I
--- _J
i----

2.5' � PSE SEE DETAIL F
PSE SHEET 10
'j 7 •j L} I •j •j
t � PARCEL C
PARCELB gyI
t 17,985 SF±

LINE TABLE

NO BEARING
NOTES:

1. DISTANCES SHOWN HEREON ARE FEET AND DECIMALS THEREOF AND ARE GROUND LEVEL DISTANCES.

2. TIES ARE PERPENDICULAR TO CENTERLINES AND MONUMENTS LINES UNLESS OTHERWISE NOTED.

3. DUE TO ROUNDING, THE SUM OF THE INTERMEDIATE DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

4. THE AREA WITHIN THE SUBDIVISION BOUNDARY IS 8.009 AC±.

JOB NO. 3812-000
14,272 SF±
(EVAE, PSDE, PSSE, PSE) (EVAE, PSDE, PSSE, PSE)
SEE SHEET9
L1 N22'49'11 "E
L2 N55'51 '50"W
L3 N77'21'35"W
L4 N77'21'35"W
L5 N77'21'35"W
L6 N12'38'25"E
L7 N55'51 '50"W
n
� N77'21'35"W
;:!:: -.L18.oo·
7 in
CD
• w
in
N
r
N
z
lo
I�

1..-
1 _!-LI
jlq
I�
I�
l
:z
- I
f.::!/
/2/
i..)
'6/
- b �,
ci r- �� ;,
in o;J 2 /
2 I
LENGTH

10.00'

12.69'

4.91'

15.50'

55.66' (M-M)

7.00'

19.56'
NO
C1
C2
C3
C4
C5
C6
f
!;:
�
iS
;.:;;. �
s
�
I
I
I
I
I

CURVE TABLE

RADIUS DELTA LENGTH

29.50' 90'00'00" 46.34'

29.50' 90·00·00" 46.34'

29.50' 90·00·00" 46.34'

29.50' 89'59'59" 46.34'

29.50' 90'00'00" 46.34'

29.50' 90'00'00" 46.34'
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON ■ (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS • SURVEYORS • PLANNERS
SCALE: 1" = 30' DECEMBER 2025
30' 0' 15' 30' 60' 120'
�---- 1�1 I I

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78'26'24"E.

LEGEND

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE
---------- EASEMENT LINE

CENTERLINE
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY LINE
Ill FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT
• FOUND MONUMENT AS NOTED
@

SET STANDARD STREET MONUMENT, LS
7960

PSE PUBLIC SERVICE EASEMENT

PAE PUBLIC ACCESS EASEMENT

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PSDE PRIVATE STORM DRAIN EASEMENT

PSSE PRIVATE SANITARY SEWER EASEMENT
REFERENCES:
(#) INDICATES REFERENCE NUMBER
(1) STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13 (R63018)(GRID) (2) STATE OF f'}J.����������-63.13A (R63019)(GRID)
(3) RECORD O . TIGIACOMO (93 M 7)
(4) MAP OF O .
(5) RECORD O R ea , GATOS UNION HIGH
SCHOOL DIST le' tvMt
(6) RECORD OF SURVEY (913 M 16)
SHEET 8 OF 11

ITEM NO. 3.

SEE SHEET 8
'j 8 j3
,......_
�
�
i.n
r-,.
�I E
I") i.n
N
oci
'j 2
N77'21 '35"W 56.33' _ I
� �I
� 1-1--
N7-7
-.
2 -1' 3
-5-"W_5
_6
-.8-0
, -____.
w
•

PSE - I
(0
oci
'j 7 • w
IC)
N
00 t0
14 6,673 SF±

4.46'
I
I
I
(0
...;-
N
z PSE SEE ----i
t'"­
�

DETAIL H
SHEET 10
i:i:l PSE SEE

7.00'
i:i:l DETAIL U
� SHEET 10 � r/J.-----,�-------��
i:i:l N77'21'35"W 56,33' � I
[/J_
i:i:l �
N
� I a � I�
N I co
z 2.5' I •
I PSE
I
11 6,672 SF±

PSE SEE

DETAIL H
SHEET 10
N77'21'35"W 56.80'
00 t0
N
I�
r-- :z
I
r--
O'l
LO
00 0,
'j w
�
N
00 t0
N
�
oci
co
I
I
2,5' I
15 �
SE
L18 L1 7,343 SF± - o ---
co
I
I
10 5,612 SF±

I DETAIL K
SHEET 10
ci
co
:z \
\
I • �s�{_· PSE SEE
-- -7 L10

PSE SEE

DETAIL T
SHEET 11
N54'02'34"E(R
I
I

PARCELC
14,272 SF±
(EVAE, PSDE, PSSE, PSE)
NOTES:

1. DISTANCES SHOWN HEREON ARE FEET AND DECIMALS THEREOF AND ARE GROUND LEVEL DISTANCES.
2, TIES ARE PERPENDICULAR TO CENTERLINES AND MONUMENTS LINES UNLESS OTHERWISE NOTED.
90,72,

3. DUE TO ROUNDING, THE SUM OF THE INTERMEDIATE DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.

4. THE AREA WITHIN THE SUBDIVISION BOUNDARY IS 8.009 AC±.

JOB NO. 3812-000
8 N77'21 '35"W 57.37'
9 9,123 SF±
r--�
IC)
N
N
0, w
c:i �
I") N
�
I oo t0
I�
l
z
I
I
I
I
,......_
�
I
.._,, �
I� I")
0,
N
w
�
N
00 t0
N
l
z
I
BROVVN
?489680 'J
�
�
u
� .......u
�
0 �
�
�
µ.,
�
u
0 �

PARCELB
17,985 SF±
(EVAE, PSDE, PSSE, PSE)
I
I
I
r--
"""
oci
,......_
0,
w
w <(
> 'ix:,
a,: I")
.._,, c.. 00
t0

LINE TABLE
N
:z

NO BEARING LENGTH
L1 N77'21 '35"W 13.00'
L2 N33'41'31"E 12.88'
L3 N54'02'34"E 21.30'
L4 N77'21 '35"W 7.75'
L5 N46'20' 42"E 5.44'
I L6 N43'39'18"W 13.50'
L7 N46'20' 42"E 5.44' (M-LL)
LB N42'17'33"W 15.37'
I
L9 N43'39'18"W 7.50'
I
L10 N46'20' 42"E 17.99'
L11 N43'39'18"W 18.00'
L12 N46'20' 42"E 12.54'
I
L13 N43'39'18"W 18.00'
L14 N46'20' 42"E 5.46'
L15 N30'35'09"E 25.08' (M-M)
L16 N77'21 '35"W 14,00'
L17 N55'51 '50"W 12,69'
L18 N77'21'35"W 8,00'

CURVE TABLE

NO RADIUS DELTA LENGTH
C1 50.50' 48'35'51" 42.83'
C2 29.50' 90·00·00" 46.34'
C3 29.50' 56'17'43" 28.98'
C4 29.50' 33'42'17'' 17.35'
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON ■ (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
SCALE: 1" = 30' DECEMBER 2025
30' 0'
�----
15' 30'
1�1
60' 120'
I __ ____JI

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78'26'24"E.

LEGEND
(T)
(R)
(M-M)
(M-PL)
Ill
•
@
PSE
PAE
EVAE
PSDE
PSSE
REFERENCES:
(#) INDICATES REFERENCE NUMBER

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE

EASEMENT LINE

CENTERLINE
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE
FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT

FOUND MONUMENT AS NOTED

SET STANDARD STREET MONUMENT, LS
7960

PUBLIC SERVICE EASEMENT

PUBLIC ACCESS EASEMENT

EMERGENCY VEHICLE ACCESS EASEMENT

PRIVATE STORM DRAIN EASEMENT

PRIVATE SANITARY SEWER EASEMENT
(1) STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13 (R63018)(GRID) (2) STATE OF ��������;!lli���� .. 63.13A (R63019)(GRID) (3) RECORD O . TIGIACOMO (93 M 7)
(4) MAP OF O ,
(5) RECORD O R ea , GATOS UNION HIGH
SCHOOL DIST le'
(6) RECORD OF SURVEY (913 M 16)
SHEET 9 OF 11

ITEM NO. 3.

DETAIL A

NOT TO SCALE
24 DETAILC

NOT TO SCALE

2.50', _ 10.00' v-----7/. 2 50'
JOB NO. 3812-000
I 'J' I \_ PSE

DETAIL G

NOT TO SCALE

PARCEL F PARCEL A
N5'07'18"W(R)
.- N77'21'35"W 28.58'
RCEL
23 PSE

DETAILB

NOT TO SCALE
N56'54'22"W(R) SAR ATOGA-LOS GATOS ROAD
N75'36'16"W
PSE � N77'21' 35"W 30.00-;-
- - - • 1.u 6.33' - -
.. - a 01
o, o o
o
·I
R=29.50'
11=16'27'48"
la
20 1;;; I�
,�b.
:,r .
�-� 0 NI
<::
,
w
N77'21'35"W l
__ .....,"""""'"""""'_... �I 4.91' 00 !:'"> I 5 PARCEL� �1 N. L=8.48'
'5678' <9"w
I�
I�
I�
lz
I
ti;�"o
v
1 PARCEL A�·
� _____ � _J PSE
N17'13' 43"E(R) D

DETAILD

NOT TO SCALE
2-50'\-_ J.3.00_'._ _ --i;-
2,50' 2-50', r ---18 50' _: ---- 7,,.----2.50'
I "°' I
l PSE

DETAILH

NOT TO SCALE

2.50'----y- - J.5.00_'._ _ -�2.50'
I :S I �PSE

DETAIL U

NOT TO SCALE

I 'I' I -
\_ PSE

DETAIL I

NOT TO SCALE
; N77'21'35"W 13.00'

DETAIL E

NOT TO SCALE

DETAILJ

NOT TO SCALE
N50'14'18"E(R)

PARCEL A
PSE
PARCEL
B
N77'21'35"W

4.28'
- I
�I
�I
wl
1:q17
� �I
# �I
:zl
_______________
N77'21'35"W 31.45' _J
N54'24'57"W(R)

DETAILF

NOT TO SCALE
N87'40'03"E(R)
_£_PSE
N77'21'35"W 30.00' ( 7
- I
�I
NI
wl
1:qi 10 �I
�I
PARCEL
2 1
I
C
�15•
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DETAILK

NOT TO SCALE
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON ■ (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
SCALE: 1" = 1 O' DECEMBER 2025
10' 0' 5' 10' 20' 40'
n�-=•-..:;•=-I I I __ ____JI

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78'26'24"E .

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(M-M)
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RIGHT OF WAY LINE

LOT LINE

EASEMENT LINE

CENTERLINE
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE
FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT

FOUND MONUMENT AS NOTED

SET STANDARD STREET MONUMENT, LS
7960

PUBLIC SERVICE EASEMENT

PUBLIC ACCESS EASEMENT

EMERGENCY VEHICLE ACCESS EASEMENT

PRIVATE STORM DRAIN EASEMENT

PRIVATE SANITARY SEWER EASEMENT
(PRELIMINARY]
SHEET 10 OF 11

ITEM NO. 3.

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DETAILM

NOT TO SCALE
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DETAILS

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DETAIL T

NOT TO SCALE
TRACT 10657
CONSISTING OF 11 SHEETS

BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS ONE, TWO,

AND THREE AS DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 13902603, A PORTION OF PARCEL FOUR AS DESCRIBED IN THAT QUITCLAIM DEED RECORDED AS DOCUMENT NO. 13172176, AND A PORTION OF THE PARCEL OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 15135755, ALL OF SANTA CLARA COUNTY RECORDS.
cbg
SAN RAMON ■ (925) 866-0322
ROSEVILLE • (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS ■ SURVEYORS ■ PLANNERS
SCALE: 1" = 1 O' DECEMBER 2025
10' 0' 5' 10'
n�-=•-..:;•=-I I
20' 40'
I __ ____JI

GRAPHIC SCALE
BASIS OF BEARINGS:

THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND 6"x6"

CONCRETE CALIFORNIA HIGHWAY COMMISSION MONUMENTS MARKING THE EASTERN LINE OF STATE HIGHWAY 17 AS SHOWN ON THE STATE OF CALIFORNIA RIGHT OF WAY RECORD MAP R.63.13, THE BEARING BEING N78"26'24"E.

LEGEND
(T)
(R)
(M-M)
(M-PL)
Ill
•
@
PSE
PAE
EVAE
PSDE
PSSE

SUBDIVISION BOUNDARY LINE

RIGHT OF WAY LINE

LOT LINE

EASEMENT LINE

CENTERLINE
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE
FOUND 6"x6" CONCRETE CALIFORNIA

HIGHWAY COMMISSION MONUMENT

FOUND MONUMENT AS NOTED

SET STANDARD STREET MONUMENT, LS
7960

PUBLIC SERVICE EASEMENT

PUBLIC ACCESS EASEMENT

EMERGENCY VEHICLE ACCESS EASEMENT

PRIVATE STORM DRAIN EASEMENT

PRIVATE SANITARY SEWER EASEMENT
(PRELIMINARY]
SHEET 11 OF 11

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3

SUBDIVISION IMPROVEMENT AGREEMENT

BETWEEN

THE TOWN OF LOS GATOS
AND
SUMMERHILL 50 LGSR LLC

LOS GATOS, CALIFORNIA
This agreement, made and entered into effective upon the last date this document is signed by the parties hereto, by and between the TOWN OF LOS GATOS, a municipal corporation of the State of California, hereinafter “Town,” and SUMMERHILL 50 LGSR LLC, after this called “Subdivider,” whose principal place of business is 6101 Bollinger Canyon Road, Suite 425, San Ramon, CA 94583.

WITNESSETH
WHEREAS, a Final Map (hereinafter “Map”) of Tract 10657 (the “Subdivision”) owned by Subdivider and commonly known as “Solana,” has been filed with the Town, which Map is incorporated herein by reference;
WHEREAS, the Conditions of Approval of the Subdivision Application (M-23-009) require the Subdivider to construct and complete certain off-site public improvements. The improvement plans dated [MONTH] [DAY], [YEAR] (“Improvement Plans”) were submitted and approved by the Town under Encroachment Permit Application Number EN25-150. These approved improvements are hereinafter referred to as “Required Improvements”;
WHEREAS, the Subdivider has prepared, and the Town Engineer has approved, Improvement Plans for the completion of the Required Improvements in connection with the Subdivision. The approved Improvement Plans (“Plans”) are on file in the Office of the Town Engineer and are incorporated into this agreement by this reference, along with any changes or modifications as may be required by the Town Engineer or designee due to errors, omissions, or changes in conditions; WHEREAS, Subdivider recognizes that, by approval of the Map for Subdivision, Town has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots and/or condominiums within the Subdivision. As a result, Town will be damaged to the extent of the cost of installation of these Required Improvements by Subdivider’s failure to perform its obligations to commence construction of the Required Improvements by the time established in this agreement. The Town shall be entitled to all remedies available to it pursuant to this agreement and law in the event of default by Subdivider; and
WHEREAS, Subdivider has asked Town to review and approve the Map and accept the dedications therein offered, subject to and on condition that the Subdivider, prior to issuance of a building permit for the Required Improvements, enter into this agreement with the Town, and provide the Town with such security for performance and insurance and all other things as required by this agreement; NOW, THEREFORE, to insure satisfactory performance by Subdivider of these obligations, and in consideration of the approval of the Map, the parties now agree as follows:

1. PERFORMANCE OF WORK
Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Required Improvements. The Plans and specification of the Required Improvements may be modified by the Subdivider as the Subdivision progresses, subject to prior written approval of the Town Engineer.

ITEM NO. 3.

SMHH\54443\1441213.5 2

2. WORK; SATISFACTION OF TOWN ENGINEER
All the work on the Required Improvements is to be done at the places, of the materials, and in the manner and at the grades shown upon approved Plans and specifications and the Town’s Ordinances, Improvement Standards and Specifications, to the satisfaction of the Town Engineer.

3. TIME OF COMPLETION. Work shall be completed within two (2) years from the date of this agreement, subject to extension due to force majeure event as set forth in this Agreement.

4. INSPECTION BY TOWN
Subdivider shall at all times provide safe access for inspection by the Town to all parts of the Required Improvements and to all places where the Required Improvements are in preparation.

5. SURVEY MONUMENTS
Subdivider shall install all Subdivision monuments required by law prior to recordation of the Notice of Acceptance.

6. DEDICATION OF EASEMENTS OR RIGHT-OF-WAY
The Town acknowledges that Subdivider has offered to the Town public right of way easements, public access easement (PAE), Public Service easement ( PSE), and emergency vehicle access easement (EVAE) as shown on the Map.

7. PERMITS; COMPLIANCE WITH LAW.

Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the Required Improvements and give all necessary notices and pay all fees and taxes required by law. In the performance of this Agreement, Subdivider shall comply with all applicable laws, ordinances, regulations, and rules of all governmental agencies with jurisdiction, including, but not limited to, the provisions of the Government Code and the applicable provisions of the Labor Code of the State of California.

8. REVERSION TO ACREAGE
If none of the Required Improvements have been made within the time required pursuant to this Agreement, subject to allowable extensions, the Town may initiate proceedings for reversion to acreage of the land which is the subject of this Agreement pursuant to Government Code Section 66499.16 and Subdivider shall bear all applicable costs.

9. IMPROVEMENT SECURITY
Concurrently with the execution of this agreement, the Subdivider shall furnish the Town:
a. Faithful Performance Security: Pursuant to California Government Code section 66499.3(a) Subdivider shall, before the release of the Map by the Town for filing for record and as a condition precedent to the recordation of it, furnish to the Town and file with the Town Clerk cash, an instrument of credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney, securing performance by Subdivider of all work shown on the Plans and completion within the agreed time. The security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the Director. The amount of cash, instrument of credit or bond shall be $477,895.

ITEM NO. 3.

SMHH\54443\1441213.5 3
b. Payment Security: Subdivider shall furnish to the Town and file with the Town Clerk cash, an instrument of credit, or a bond as provided by the Subdivision Map Act, in a form approved by the Town Attorney, securing the obligations for payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials for the completion of the Required Improvements. The security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the Director. The amount of cash, instrument of credit or bond shall be $477,895.
c. Guarantee and Warranty Security: It is further agreed that a “guarantee and warranty security” in the amount of ten (10%) percent of the total estimated cost of the Required Improvements for a period of one (1) year following their completion and acceptance by the Town against any defective work or labor done, or defective materials furnished, by the Subdivider. This limitation on the security does not shorten any time during which the Town may act to enforce the Subdivider’s obligations under the terms of this agreement, nor shorten any time during which Town may bring an action in an appropriate court regarding the subject or performance of this agreement.
d. Monument Security: It is further agreed that a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments in the Subdivision within the period of time specified in the Surveyor’s Statement on the approved Final Map. The amount of cash, instrument of credit or bond shall be $26,000. e. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. f. No change, alteration, or addition to the terms of this agreement or the Plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. g. The securities shall be irrevocable, shall not be limited as to time except as to the one (1) year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the Director and as provided in Section 10- Release of Security. All securities provided pursuant to this agreement shall expressly obligate the surety for any extension authorized by the Town for Subdivider’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the Town.

10. RELEASE OF SECURITY
a. Guarantee and Warranty Security: Any unused portion of the guarantee and warranty security shall be released one (1) year after acceptance of the Required Improvements by the Town Council. The amount to be released shall first be reduced by the amount deemed necessary by the Town to correct any defects in the Required Improvements that are known or believed by the Town to exist at the end of the guarantee and warranty period. b. Payment Security: Security securing the payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment shall, after acceptance of the work, be reduced to an amount equal to the total timely claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body and, if no such claims have been timely recorded, the security shall be released in full.
c. Faithful Performance Security: The faithful performance security shall be released upon acceptance of the Required Improvements by the Town Council.

ITEM NO. 3.

SMHH\54443\1441213.5 4
d. Monument Security: The monument security may be released upon acceptance of the required monument installation by the Director.

11. TOWN MAY REQUIRE ADDITIONAL SECURITY
If during the course of performance, the Town considers that the total estimated cost of the Required Improvements or work to be performed hereunder makes it necessary to have the Subdivider post additional security, the Town may require, at Subdivider’s election, either an additional cash deposit, letter of credit or a surety bond guaranteeing performance. The condition of the security shall be that if the Subdivider fails to perform its obligation under this Agreement, the Town may, in the case of a cash bond or letter of credit, act for Subdivider using the proceeds, or in the case of a surety bond, require the sureties to perform the obligations of the Agreement.

12. INDEMNIFICATION AND HOLD HARMLESS
Subdivider does expressly agree to protect, defend, indemnify and hold harmless (hereinafter, “hold harmless”) the Town, its elected and appointed officials, employees and agents (hereinafter, the “Town”), from any and all loss or damage, and from any and all liability, including cost of defense, for any and all loss or damage, and from any and all suits, actions or claims filed or brought by any or all persons or person (hereinafter, “Claim”) because of or resulting from the acts by Subdivider of any and all things required of Subdivider by this agreement, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this agreement or by law, or arising or resulting from the negligent acts by Subdivider, Subdivider’s agents, employees or subcontractors of any and all things required to be done by this agreement, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or omissions of Subdivider, Subdivider’s agents or employees. Subdivider shall not be required to hold harmless (as described above) the Town for Claims caused or arising out of the sole negligence or willful misconduct of the Town.

13. INSURANCE
Subdivider shall furnish to the Town and file with the Town Clerk evidence of, and at all times during the performance of its obligations under this agreement maintain, the insurance described in Exhibit A.

14. NO WAIVER BY TOWN
Inspecting of the work or materials, or approval of work or materials, or a statement by an official, agent, or employee of the Town indicating the work complies with this Agreement, or acceptance of all or any portion of the work or materials, or payments thereof, or any combination of all of these acts shall not relieve Subdivider of its obligation to fulfill this Agreement; nor is the Town by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

15. TIME EXTENSIONS
a. If performance of this agreement actually should be delayed by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom, subcontractor delays, labor shortages, material shortages or delays, Town delays, or for other reasons beyond the control of the Subdivider, the time for the construction of same may be extended by the Town Engineer for such period of time as is reasonable. b. Requests for extension of the commencement and/or completion date shall be in writing and delivered to the Town in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing.

ITEM NO. 3.

SMHH\54443\1441213.5 5
c. In the event the Town extends the time of commencement and/or completion of the Required Improvements, such extension shall be granted in writing by the Town to the Subdivider pursuant to this agreement, and/or without relieving or releasing those providing an improvement security pursuant to this agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the Town may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the incomplete Required Improvements, taking into account all Required Improvements that have been completed.

16. MAINTENANCE OF PUBLIC INFRASTRUCTURE
The Subdivider shall maintain all Required Improvements (streets, sidewalks, right-of-way, street light, storm drainage facility, sanitary sewer, etc.) in a safe and usable condition at all times during construction. Should any Required Improvements become unsafe, unusable or inoperable because of the Subdivider’s activities, the Subdivider shall immediately cease all work on the Subdivision until the public infrastructure is made safe and usable, for which the Subdivider shall be solely responsible.

Subdivider shall repair or replace Required Improvements and monuments shown n the map and Improvement Plans which have been destroyed or damaged prior to final acceptance of the completed work and improvements by the Town Council.

17. WARRANTY OF WORK
Subdivider expressly warrants and guarantees all work performed and all materials used for a period of one year after completion and final acceptance by the Town Council. Subdivider shall maintain and perform or cause to be performed repairs, additions, or corrective work necessitated by Subdivider’s omission or deficient performance for one year after acceptance. If the Subdivider fails to act promptly or in accordance with this agreement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the Town may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay the Town the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by Town.

18. DEFAULT BY SUBDIVIDER
a. Default of Subdivider shall include, but not be limited to:
(1) Subdivider’s failure to timely commence construction of Required Improvements under this agreement;
(2) Subdivider’s failure to complete construction of the Required Improvements within the time period provided by this Agreement or any extensions thereof; (3) Subdivider’s failure to timely cure any defect in the Required Improvements during the one (1) year guaranty and warranty period where such failure continues beyond thirty (30) days after written notice thereof from the Town, or if such failure is not susceptible to cure within such 30-day period, Subdivider has not commenced to cure within such 30-day period and does not thereafter continue to diligently proceed to cure;

ITEM NO. 3.

SMHH\54443\1441213.5 6
(4) Subdivider’s failure to perform substantial construction work for a period of 30 consecutive calendar days after commencement of the work, for reasons other than force majeure events;
(5) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(6) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure by Subdivider’s lender: or (7) Subdivider’s failure to perform any other obligation under this agreement within thirty (30) days after written notice thereof from the Town, or if such failure is not susceptible to cure within such 30-day period, Subdivider has not commenced to cure within such 30- day period and does not thereafter continue to diligently proceed to cure. b. The Town reserves all remedies available to it at law or in equity for breach of Subdivider’s obligations under this agreement.
c. The Town shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate Town’s damages in the event of Subdivider’s default.
(1) The Town may serve written notice of any default upon the surety on any surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Required Improvements. If the surety, within 7 business days after service of such notice of default, does not give the Town written notice of its intention to perform this Agreement, or does not commence performance within 5 business days after notice to Town of its intention to perform, the Town may take over the work and prosecute the same to completion, by contract or by other method the Town deems advisable, for the account and at the expense of the Subdivider and its surety. (2) Subdivider acknowledges that the estimated total costs and Required Improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Required Improvements and, consequently, Town’s damages for Subdivider’s default shall be measured by the cost of completing the Required Improvements. If the damages incurred by the Town in taking over and completing the Improvements exceed the principal amount of the Required Improvement security, then the Subdivider shall reimburse the Town in the amount of such excess damages. (3) The Town may, without liability for doing so, take possession of, and utilize in completing the Required Improvements, such materials, appliances, plant and other property belonging to the Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the Town and its forces, including contractors, upon any real property in the subdivision owned by the Subdivider or any assignee of this Agreement, in the event the Town elects to maintain or complete the work on the Required Improvements following Subdivider’s default. (4) Subdivider acknowledges and agrees that, upon approval of the Map for the Subdivision, Town will confer substantial rights upon the Subdivider, including the right to sell, lease, or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, Town will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider’s failure to perform its obligations under this Agreement.

ITEM NO. 3.

SMHH\54443\1441213.5 7
(5) The Town’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
(6) If the Town sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Required Improvements, Subdivider agrees to pay all reasonable attorney fees and other costs and expenses of litigation incurred by the Town in connection therewith, even if Subdivider subsequently resumes and completes the work.

19. TIME OF ESSENCE
Time is of the essence in this Agreement.

20. ASSIGNMENT OF AGREEMENT
Neither this Agreement, nor any part of it, is assignable by Subdivider without the written consent of the Town, which shall not be unreasonably withheld or delayed.

21. HEIRS, SUCCESSORS, AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties.

22. SUBDIVIDER NOT AGENTY OF THE TOWN
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of Town in connection with the performance of Subdivider’s obligations under this Agreement.

23. NOTICES
Notices regarding this agreement shall be given as follows and shall be considered effective upon either personal delivery or five (5) days following deposit in the U.S. Mail:

To SUBDIVIDER: SUMMERHILL 50 LGSR LLC
6101 Bollinger Canyon Road, Suite 425
San Ramon, CA 94583
and
SummerHill 50 LGSR LLC
777 California Avenue
Palo Alto, CA 94304
Attn: General Counsel
To TOWN: Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue
Los Gatos, California 95030
Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

24. SEVERABILITY

ITEM NO. 3.

SMHH\54443\1441213.5 8
If any term of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect.

25. ENTIRE AGREEMENT AND AMENDMENT
This agreement constitutes the complete and exclusive statement of the agreement between the Town and Subdivider. No verbal agreement or conversation with any officer, agent, or employee of the Town, either before, during or after the execution of this agreement, shall affect or modify any of the terms or obligations contained in the agreement. There are no intended third party beneficiaries to this Agreement.

26. PAYMENT OF OUTSTANDING FEES
Prior to acceptance of Required Improvements for permanent maintenance by the Town, Subdivider shall pay all outstanding fees that are due in accordance with this agreement and the Town Code of the Town of Los Gatos.

27. GOVERNING LAW
This Agreement shall be interpreted under, and enforced by, the laws of the State of California. Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara.

28. ACTIONS TO ENFORCE
If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, expert witness fees and costs, in addition to any other relief to which they may be entitled.

29. REIMBURSEMENT OF ATTORNEYS FEES
In the event of any third party claim or legal challenge to any action taken by the Town with regard to any procedure or aspect of this agreement, including approval or environmental review process, the Town may choose to defend the claim or action with the prior written approval of the Subdivider, the Subdivider, if it has consented to the defense of the claim or action, agrees to reimburse the Town for attorneys’ fees, expert witness fees, and any other costs the Town may incur in connection with its retention of legal counsel, and for any award of court costs and fees against the Town.

30. MORTGAGEE PROTECTION
No breach of this agreement shall defeat or render invalid the lien of any deed of trust or mortgage recorded against all or any portion of the Subdivision. Except where the Lender has received prior written notice of Subdivider’s default hereunder and an opportunity to cure such default, in accordance with and pursuant to this Agreement, no lender taking title to all or any portion of the Subdivision through foreclosure or deed in-lieu of foreclosure shall be liable for any defaults or monetary obligations of Subdivider arising prior to acquisition of possession of such property by such lender. The foreclosing lender shall have the right to find a substitute developer to assume the obligation of Subdivider, which substitute shall be considered for approval by Town pursuant to this agreement, which approval shall not be unreasonably withheld, conditioned or delayed. Town agrees to provide any lender who has recorded a deed of trust or mortgage against all or any portion of the Solana project of which Town has been given notice (each, a “Lender”) with written notice of any default relating to the Subdivider and/or the Solana project given by Town to Subdivider. Town agrees that, notwithstanding anything to the contrary contained in this Agreement, Lender shall have an additional sixty (60) days from the date Lender receives notice of a default to cure any such default, provided that Lender shall not have any obligation to cure any such default.

ITEM NO. 3.

SMHH\54443\1441213.5 9
If a Lender or an affiliate of such Lender succeeds to the interest of Subdivider through foreclosure or deed in-lieu of foreclosure, then the time periods for performance of Subdivider’s obligations set forth in this agreement (if any) shall be extended for a period of time reasonable under the circumstances to permit such Lender or such affiliate to perform Subdivider’s obligations under this agreement.

Copies of notices of default sent to Subdivider shall also be sent to Lender at:

Wells Fargo Bank, National Association
401 B Street, Suite 100
San Diego, CA 92101
Attn: John Wickenhiser
Loan No.: 0000101863
Copies to:

Wells Fargo Bank, National Association
600 South 4th Street, 10th Floor
Minneapolis, MN 55415
Attn: Agency CRE [email protected] Loan No.: 0000101863
and
Wells Fargo Bank, National Association
10 S. Wacker Drive, 20th Floor
Chicago, IL 60606
Attn: Gloria Juarez
Loan No.: 0000101863

ITEM NO. 3.

SMHH\54443\1441213.5 10

TOWN OF LOS GATOS
DATE: ___________________ ______________________________________

TOWN MANAGER
ATTEST:

DATE: ___________________
______________________________________

CLERK ADMINISTRATOR
APPROVED AS TO FORM:

DATE: ___________________
______________________________________

TOWN ATTORNEY
RECOMMENDED BY:

DATE: ___________________
______________________________________

DIRECTOR OF PARKS AND PUBLIC WORKS

ITEM NO. 3.

SMHH\54443\1441213.5 11

SUBDIVIDER
SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

DATE: ___________________
By:

Its:

DATE: ___________________

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3
FAITHFUL PERFORMANCE BOND BOND NUMBER:

PREMIUM:

WHEREAS, the Town of Los Gatos, State of California (hereinafter called “Town”), and SUMMERHILL 50 LGSR LLC (herein designated as “Principal”) have entered an agreement by which Principal agrees to install and complete certain designated public improvements, which agreement, dated [MONTH] [DAY], 20___, and identified as the “Subdivision Improvement Agreement” is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of the Subdivision Improvement Agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and _______________, as Surety, are held and firmly bound unto the Town, in the penal sum of four hundred seventy seven thousand, eight hundred and ninety five ($477,895) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, formally by these presents.

The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Subdivision Improvement Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Town, its officers, agents and employees, as therein stipulated, and this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

Principal and Surety further agree that, upon Town’s final approval of the work, ten percent (10%) of this bond shall remain in effect to guarantee the repair and/or replacement of defective materials and/or construction, one (1) year after Town’s final acceptance of the work, unless Principal posts a separate warranty bond instead.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by Town in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Subdivision Improvement Agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on [MONTH] [DAY], 20___.

ITEM NO. 3.

SMHH\54443\1441213.5 2
PRINCIPAL:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

By:

Its:

SURETY:
___________________________________
[PRINCIPAL]
By:

Its:
___________________________________
[Address]
___________________________________
[City, State, ZIP]

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3
LABOR AND MATERIALS BOND BOND NUMBER:

PREMIUM:

WHEREAS, the Town of Los Gatos, State of California (hereinafter called “Town”), and SUMMERHILL 50 LGSR LLC (hereinafter designated as “Principal”) have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated [MONTH] [DAY], 20___, and identified as the “Subdivision Improvement Agreement” is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Subdivision Improvement Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the Town to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW, THEREFORE, said Principal and the undersigned as Corporate Surety are held firmly bound unto the Town and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the Subdivision Improvement Agreement and referred to in the aforesaid Civil Code in the sum of four hundred seventy seven thousand, eight hundred and ninety five ($477,895) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the Town in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Subdivision Improvement Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on [MONTH] [DAY], 20___.

ITEM NO. 3.

SMHH\54443\1441213.5 2
PRINCIPAL:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

By:

Its:

SURETY:
___________________________________
[PRINCIPAL]
By:

Its:
___________________________________
[Address]
___________________________________
[City, State, ZIP]

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3
SUBDIVISION MONUMENTS BOND BOND NUMBER:

PREMIUM:

WHEREAS, the Town of Los Gatos, State of California (hereinafter called “Town”), and SUMMERHILL 50 LGSR LLC (hereinafter designated as “Principal”) have entered an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated [MONTH] [DAY], 20___, and identified as the Subdivision Improvement Agreement, is hereby referred to and made a part hereof;
WHEREAS, said Principal is required, under the terms of said agreement, to furnish a subdivision monuments bond; and
WHEREAS, under the terms of said agreement, Principal has submitted for approval to the Town a final map, filed with the Town, with a certificate thereon by the engineer or surveyor responsible for survey for the final map stating that some or all of the monuments will be set in the positions indicated on the final map on or before specified later date; that pursuant to Sections 66495-66498 of the Subdivision Map Act, the Town requires that the subdivider furnish to the Town a bond in an amount equal to the estimated cost of setting such monuments not already set prior to recording of the final map, guaranteeing payment of the cost thereof;
NOW, THEREFORE, we, the Principal and _____________, as Surety, are held and firmly bound unto the Town in the amount of twenty six thousand ($26,000) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally.

The condition of this obligation is such that if the monuments are set on or before [MONTH] [DAY], 20___, and the engineer or surveyor setting the final monuments shall have been paid, then this obligation shall become null and void. Otherwise it shall be and remain in full force and effect.

As part of this obligation secured hereby and in addition to the amount of deposit specified above, it is agreed that we shall pay the costs and reasonable expenses and fees, including reasonable attorney’s fees, if any, incurred by the Town in successfully enforcing such obligation against us, all to be taxed as costs and included in any judgment rendered.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on [MONTH] [DAY], 20___.

ITEM NO. 3.

SMHH\54443\1441213.5 2
PRINCIPAL:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By:

Its:

By:

Its:

SURETY:
___________________________________
[PRINCIPAL]
By:

Its:
___________________________________
[Address]
___________________________________
[City, State, ZIP]

ITEM NO. 3.

SMHH\54443\1441213.5 1
ATTACHMENT 3
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ITEM NO. 3.

SMHH\54443\1441213.5 1

EXHIBIT A

INSURANCE REQUIREMENTS
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Offices form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form GC 0001).

2. Insurance Services Office form number CA 0001(Ed. 1/78) covering Automobile Liability, code 1 “any auto” and endorsement CA 0025.

3. Worker’s Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

B. BEGINNING OF WORK
Subdivider shall maintain limits no less than:

1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Comprehensive 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.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employers Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, official, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. OTHER INSURANCE PROVISION
The policies are to contain, or be endorsed to contain the following provision:

1. General Liability and Automobile Liability Coverages a. The Town, its officers, official, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Subdivider, products and completed operation of the contracts, premises owned, occupied or used by the Subdivider, or automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitation on the scope of protection afforded to the Town, its officers, officials, employees, or volunteers.

ITEM NO. 3.

SMHH\54443\1441213.5 2
b. The Subdivider’s insurance coverage shall be primary insurance as respects the Town, its officer, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Subdivider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provision of the policies shall not affect coverage provided to the Town, its officers, officials, employees, or volunteers. d. The Subdivider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees, or volunteers for losses arising from work performed by the Subdivider for the Town.

3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt required, has been given to the Town.

E. ACCEPTABILITY OF INSURERS
Insurance is to be place with insurers with a Best’s rating of no less than B+.

F. VERIFICATION OF COVERAGE
Subdivider shall furnish the Town with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Town. Where, by statute, the Town’s workers’ compensation-related forms cannot be used, equivalent forms approved by the State Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.

G. SUBCONTRACTORS
Subdivider shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM NO. 3.

SMHH\54443\1450810.5 1 2/25/2026

RECORDED AT THE REQUEST OF AND
WHEN RECORDED, RETURN TO:

Clerk of Town of Los Gatos
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Assessor’s Parcel Nos. 529-24-003, -032 and -001
Exempt from payment of fees pursuant to Government Code section 27383

LANDSCAPE MAINTENANCE AGREEMENT
THIS LANDSCAPE MAINTENANCE AGREEMENT (the "Agreement"), dated ____________, 2026, is executed by the TOWN OF LOS GATOS, a municipal corporation (the "Town"), with an address of c/o Parks and Public Works Department, 41 Miles Avenue, Los Gatos, California 95030, and SUMMERHILL 50 LGSR LLC, a California limited liability company (“Developer”) with reference to the following facts:

A. Developer is the owner of real property identified as Lots 1-28 and Parcels A-I on the subdivision map entitled “Tract 10657” filed on _______________, 2026, in Book __ of Maps at Page __ in the records of Santa Clara County, California (including any amendments, certificates of correction or lot-line adjustments thereto, the “Map”).

Developer is constructing 155 townhomes commonly referred to as “Solana” (the “Development”).

B. The Landscape Improvements (as defined below) have been or will be constructed within the public rights of way (“ROW” or “ROWs”) adjacent to Solana along Los Gatos-Saratoga Road. These Landscape Improvements are designated in the Site Plan attached as Exhibit A.

C. Pursuant to the conditions of approval relevant to this Development, the Developer is to be responsible for maintaining the landscaping and irrigation within the ROW in the portions of Los Gatos-Saratoga Road abutting the Development. The purpose of this Agreement is to set forth the rights and obligations of Developer and the Town (and any transferees) with respect to the maintenance of said Landscape Improvements.

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

ARTICLE 1
Definitions
Unless the context indicates otherwise, the following terms shall have the following definitions:

1.1 1.1 Agreement. This Landscape Maintenance Agreement and any modifications thereto.

1.2 1.2 Development. The meaning given to such term in Recital A hereof.

1.3 1.3 Landscape Improvements. The landscaping and other improvements situated within the public ROW along Los Gatos-Saratoga Road adjacent to the Development and any utilities and ATTACHMENT 4

ITEM NO. 3.

SMHH\54443\1450810.5 2 2/25/2026
equipment, including irrigation systems, that provide irrigation to the landscaping therein, and any orchard trees, other trees, shrubs, foliage, groundcover and other landscaping. The Landscape Improvements do not include any areas of right of way maintained by the State of California or any utility lines and equipment, including signal monitoring devices, that provide utility service to any property outside the ROW.

1.4 1.4 Maintain, Maintained, Maintaining or Maintenance. Unless expressly stated otherwise, “maintain”, “maintained”, “maintaining” or “maintenance” as used in this Agreement includes inspection, cleaning, maintenance, repair, upgrades and/or replacement.

1.5 1.5 Map. The meaning given to such term in Recital A hereof.

1.6 1.6 Person. Any individual, corporation, partnership, limited liability company, trust or other legal entity.

1.7 1.7 Town. The Town of Los Gatos, California.

ARTICLE 2
Grant of Easements
The ROW shown on Exhibit A is subject to a nonexclusive easement as the servient tenement in favor of the Development as the dominant tenement for access to install and maintain the Landscaping Improvements and utilities that provide utility service to the Landscape Improvements, including electricity and water. The easement is appurtenant to the dominant tenement and any conveyance of any portion of the dominant tenement, whether voluntary or involuntary, automatically conveys the easement appurtenant thereto regardless of whether the instrument of conveyance describes the easement, subject to the provisions of Section 4.2. The right to install utility fixtures and equipment includes the right to tie into and use existing fixtures and equipment that serve the dominant tenement as long as the local governmental agency(ies) approve of such use.

ARTICLE 3
Maintenance, Repair and Insurance

3.1 3.1 Maintenance. The Developer shall maintain the Landscape Improvements in good condition and repair at all times, reasonable wear and tear excepted, subject to Section 3.2 below. If the maintenance of the Landscape Improvements will materially interfere with or temporarily suspend the ability to use a ROW, the Developer shall give the Town as much prior notice as is reasonable under the circumstances and no fewer than fifteen (15) calendar days, except in the case of an emergency. The Developer shall use all reasonable efforts to complete the work as soon as possible and to minimize any interference in the use of the ROW. Developer’s maintenance and other obligations under this Agreement exclude those areas of right of way maintained by the State of California pursuant the unrecorded Freeway Maintenance Agreement dated February 24, 1958 between the State of California and the Town.

3.2 3.2 Utility Repair or Replacement. If the Developer must repair any Landscape Improvements located within a ROW, it shall provide notice to the Town as is reasonable under the circumstances and no less than fifteen (15) calendar days’ prior notice, except in the case of an emergency, describe the work that must be done, and the impact on the use of the ROW during the period in which the work is being performed. Except in an emergency situation in which immediate work must be performed to prevent injury to any Person or material damage to any property, no work shall commence until the following conditions are satisfied: (1) the work is performed by contractors duly licensed in the State of California; (2) the work is performed in compliance with all applicable laws and ordinances, including permits required; and (3) liability insurance with policy limits no less than $500,000 is provided insuring the Developer and the Town against any liability arising out of the work. The work, once commenced, shall be diligently pursued until completion in order to minimize any interruption or interference with the use of the ROW.

ITEM NO. 3.

SMHH\54443\1450810.5 3 2/25/2026
On completion of the work, the Developer immediately shall repair the ROW to the condition it was in immediately preceding the work. The Developer shall defend, indemnify and hold the Town harmless against any claims, demands, liabilities, causes of action, judgments and costs, including reasonable attorneys’ fees, resulting from the Developer’s work.

3.3 3.3 Failure to Maintain. If the Developer fails to maintain the Landscape Improvements in good condition and repair, reasonable wear and tear excepted, the Town may notify the Developer of the need for maintenance, which notice shall contain an itemized description of the required maintenance (the "Repair Demand"). If the Developer fails to take appropriate action to commence the maintenance described in the Repair Demand within thirty (30) days of receipt of the Repair Demand, the Town may have the appropriate maintenance performed. The cost shall be allocated pursuant to Section 3.8 and, if applicable, the Developer shall reimburse the Town for its share of the cost on receipt of written demand.

If the Developer fails to tender the payment within thirty (30) days after the receipt of the written demand, the Town shall be entitled to recover the reasonable costs of collection, including reasonable attorneys’ fees, a late charge not exceeding 10% of the delinquent payment, and interest on the delinquent payment at 10% per annum or the maximum rate authorized by law, whichever is greater, commencing thirty (30) days after the payment due date. The Town may bring an action in any court of competent jurisdiction to collect the amount due.

3.4 Emergency Repairs. Notwithstanding anything herein to the contrary, either party may make such emergency repairs as that party, in the exercise of its reasonable business judgment, considers necessary in order to render the Town Property or the Development safe for its intended use (the “Repairing Party. The Repairing Party immediately shall notify the the “Non-Repairing Party” in writing of the reason for the cost of the repairs, together with appropriate supporting documentation (such as invoices) evidencing the costs spent on the repairs (the “Repair Notice”). On receipt of the Repair Notice, the NonRepairing Party shall reimburse the Repairing Party for the Non-Repairing Party’s share of the cost, if applicable pursuant to Section 3.8. If, within thirty (30) days after the receipt of the written demand, the Non-Repairing Party fails to tender payment, the Repairing Party shall be entitled to recover the reasonable costs of collection, including reasonable attorneys’ fees, a late charge not exceeding 10% of the delinquent payment, and interest on the delinquent payment at 10% per annum or the maximum rate authorized by law, whichever is greater, commencing thirty (30) days after the payment due date. The Repairing Party may bring an action in any court of competent jurisdiction to collect the amount due.

3.5 Insurance. Developer shall supply proof of General Liability (GL) insurance and Automobile Liability (AL) insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than AA. Both the GL and AL insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with Developers installation and maintenance of the Landscape Improvements. Both the GL and AL insurance will be in the minimum amount of $1,000,000.00 combined single limit, and will name the Town and the Town officers, employees, agents, and registered volunteers as additional insured under the coverage afforded. Such insurance will be primary and noncontributing with respect to any other insurance available to the Town and will include a severability of interest (cross-liability) clause.

Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

In addition to these policies, Developer shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Developer shall ensure that all subcontractors employed by Developer provide the required Workers' Compensation insurance for their respective employees.

ITEM NO. 3.

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A copy of the policy or a certificate of insurance along with an additional endorsement naming the Town as an Additional Insured must be filed in the Town Clerks Office . The Additional Insured Endorsement, effective for ongoing and completed operations, must be approved by the Town.

3.6 Indemnification. Developer hereby agrees to protect, defend, indemnify, and hold the Town free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the Town arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the Town) and without limitation by enumeration, all other claims or demands of every character, arising out of or in connection with, or alleged to arise out of or be connected with, the installation, design, Maintenance or condition of the Landscape Improvements, except for any claims, actions, losses, liabilities and costs proximately caused by the negligence or willful misconduct of the Town. Developer agrees to investigate, handle, respond to, provide defense for and defend with counsel acceptable to Town any such claims, demand, or suit at the sole expense of the Developer. Developer also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Developer or the Town or to enlarge in any way the Developer’s liability, but is intended solely to provide for indemnification of Town from liability for damages or injuries to third persons or property arising from Developer’s performance pursuant to this Agreement. If any judgment is rendered against Town for any injury, death, or damage relating to work performed or completed pursuant to this Agreement, Developer shall, at its own expense, satisfy and discharge any judgment. As used above, the term “Town” means the Town of Los Gatos, its officers, agents, employees, and volunteers.

3.7 3.7 Transfer of Responsibility. This Agreement shall serve as the signed statement by the Developer accepting responsibility for maintenance of the Landscape Improvements as set forth in this Agreement until the responsibility is legally transferred to another entity, including a developer, property owners association or similar entity. Prior to transferring maintenance responsibility of the Landscape Improvements to another developer or property owners association, the Developer shall provide written notice of the Agreement to the transferee and provide the Town a copy of such notice.

3.8 3.8 Maintenance Costs. The Developer shall be responsible for the costs to maintain the Landscape Improvements, provided that if the Town or any Person acting under the authority of a party damages any Landscape Improvement, the responsible party shall pay all costs to repair or replace the damaged Landscape Improvement.

ARTICLE 4
Miscellaneous

4.1 4.1 Term of Agreement. This Agreement shall be effective in perpetuity unless terminated by operation of law or agreement of the parties.

4.2 4.2 Transfer. This Agreement shall run with the land and shall be binding upon all heirs, successors, and assigns of the parties. The Developer further agrees whenever any part of the Development is held, sold, conveyed or transferred, it shall be subject to this Agreement, which shall apply to, bind and be obligatory to all present and subsequent owners of the Development (or any portion thereof).

Notwithstanding the foregoing, while individual owners of residential condominiums or lots upon which commercial, retail, office or other uses are constructed (that are located within the Development) benefit from the maintenance of the Landscape Improvements, they shall have none of the maintenance and amendment rights and obligations described in this Agreement, which rights and obligations shall remain with the Developer or its assigns as described in this Section 4.2.

Additionally, notwithstanding any provision of this Agreement to the contrary, if and when an owners association (an “Association”) commences maintenance of the Landscape Improvements that are the Developer’s responsibility to maintain as set forth herein, Developer shall automatically be released of all

ITEM NO. 3.

SMHH\54443\1450810.5 5 2/25/2026
of its obligations and responsibilities under this Agreement that accrue or arise after the date that the Association assumes such maintenance.

4.3 4.3 Notice. Each party covenants to provide the other party with a current address for purposes of receiving notices. Any notice or demand permitted or required herein shall be conclusively considered received by a party when personally delivered to the owner, or seventy-two (72) hours after the notice has been deposited in the United States mail, certified or a return receipt requested, postage-prepaid, and addressed to such address as that the party has provided the other party for purposes of receiving notice hereunder. If no address has been provided, notice shall be considered received ninety-six (96) hours after notice is posted in a conspicuous place on the party's property and a copy mailed to the last known address of the party.

The initial addresses for notice are as follows:

Developer: SummerHill 50 LGSR LLC
6101 Bollinger Canyon Road, Suite 425
San Ramon, CA 94583
Attention: Kevin Ebrahimi
Town: Town of Los Gatos
___________________________________________
___________________________________________
Attention: __________________________________
Notwithstanding the prescribed method of delivery set forth above, actual receipt of written notice shall constitute notice given in accordance with this Agreement on the date received, unless receipt is deemed earlier in accordance with delivery made under one of the prescribed methods.

4.4 4.4 Mortgagee Protection. No breach of this Agreement shall defeat or render invalid the lien of any deed of trust or mortgage recorded against all or any portion of the Development. Except where the Lender has received prior written notice of Developer’s default hereunder and an opportunity to cure such default, in accordance with and pursuant to this Agreement, no lender taking title to all or any portion of the Development through foreclosure or deed in-lieu of foreclosure shall be liable for any defaults or monetary obligations of Developer arising prior to acquisition of possession of such property by such lender. The foreclosing lender shall have the right to find a substitute developer to assume the obligations of Developer, which substitute shall be considered for approval by Town pursuant to this Agreement, which approval shall not be unreasonably withheld, conditioned or delayed. Town agrees to provide any lender who has recorded a deed of trust or mortgage against all or any portion of the Development of which Town has been given notice (each, a “Lender”) with written notice of any default relating to Developer and/or the Development given by Town to Developer. Town agrees that, notwithstanding anything to the contrary contained in this Agreement, Lender shall have an additional sixty (60) days from the date Lender receives notice of a default to cure any such default, provided that Lender shall not have any obligation to cure any such default.

If a Lender or an affiliate of such Lender succeeds to the interest of Developer through foreclosure or deed in-lieu of foreclosure, then the time periods for performance of Developer’s obligations set forth in this Agreement (if any) shall be extended for a period of time reasonable under the circumstances to permit such Lender or such affiliate to perform Developer’s obligations under this agreement.

Copies of notices of default sent to Developer shall also be sent to Lender at:

Wells Fargo Bank, National Association
401 B Street, Suite 100
San Diego, CA 92101
Attn: John Wickenhiser
Loan No.: 0000101863

ITEM NO. 3.

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Copies to:

Wells Fargo Bank, National Association
600 South 4th Street, 10th Floor
Minneapolis, MN 55415
Attn: Agency CRE [email protected] Loan No.: 0000101863
and
Wells Fargo Bank, National Association
10 S. Wacker Drive, 20th Floor
Chicago, IL 60606
Attn: Gloria Juarez
Loan No.: 0000101863

4.5 4.5 Attorneys' Fees. If any action is commenced regarding the rights or duties of the parties hereto, the prevailing party in such action shall be entitled to recover the costs of such action and reasonable attorneys' fees.

4.6 4.6 Recordation; Covenants Running with the Land and Equitable Servitudes. This Agreement shall be recorded in the records of Santa Clara County, California. The rights and duties described herein shall constitute covenants running with the land and equitable servitudes that benefit and bind the Development and the ROWs and each owner and successive owner thereto. Owners of any property bound by this Agreement shall be liable for any defaults under this Agreement only during the period the owner held an ownership interest in the property and shall not be liable for any defaults committed by any predecessor or successor owner unless assumed in writing.

4.7 4.7 Amendments. This Agreement may be amended from time to time by written agreement by the Developer and the Town.

4.8 4.8 Effective Date. This Agreement shall be effective as of the date this document is recorded in the records of Santa Clara County, California.

ITEM NO. 3.

SMHH\54443\1450810.5 7 2/25/2026
DEVELOPER:

SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC,
a Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By: _____________________________
_____________________________
Its: __________________________
By: _____________________________
_____________________________
Its: __________________________
TOWN:

TOWN OF LOS GATOS,
a municipal corporation
By: _______________________________________
_______________________________________
Its _____________________________________

ITEM NO. 3.

SMHH\54443\1450810.5 2/25/2026
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared ____________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared ____________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ITEM NO. 3.

SMHH\54443\1450810.5 2/25/2026
EXHIBIT A – Site Plan

ITEM NO. 3.

SMHH\54443\1450810.5 2/25/2026

SUBORDINATION
The undersigned, the beneficiary under the Construction Deed of Trust recorded on October 15, 2025, as Document No. 25884752 in the records of Santa Clara County, California, executed by SummerHill 50 LGSR LLC, a California limited liability company, as Trustor (the "Deed of Trust"), hereby subordinates the Deed of Trust to the foregoing Landscape Maintenance Agreement (“Agreement”) so that for all purposes the Agreement shall be deemed executed and recorded prior to the execution and recordation of the Deed of Trust.

This Subordination is made without affecting the liability of Trustor for payment of the indebtedness secured by the Deed of Trust.

BENEFICIARY:

WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Administrative Agent
______________________________________________
By: ________________________________________
Title: ________________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ITEM NO. 3.

SMHH\54443\1627049.6 1 February 25, 2026
RECORDING REQUESTED BY:

Town of Los Gatos
WHEN RECORDED MAIL TO:

Clerk Administrator
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Record without fee pursuant to
Government Code Section 6103

STORMWATER TREATMENT AND DETENTION MEASURES

MAINTENANCE AGREEMENT AT
SOLANA
This Stormwater Treatment Measures Maintenance Agreement (“Agreement”) is entered into this ____ day of ________, 2026, by and between the Town of Los Gatos, a municipal corporation (“Town”) and SummerHill 50 LGSR LLC, a California limited liability company (the “Property Owner”).

RECITALS
WHEREAS, on May 11, 2022, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2022-0018, CAS612008, reissuing the San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit for the municipalities and countywide Clean Water Programs in Alameda County, Contra Costa County, San Mateo County, Santa Clara County, the cities of Fairfield and Suisun City, and the City of Vallejo and the Vallejo Sanitation and Flood Control District; and WHEREAS, the Town of Los Gatos is member agency of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPP), an association of 13 south bay cities, the Santa Clara Valley Water District, and Santa Clara County; and WHEREAS, Provision C.3.h. of this NPDES permit, and as it may be amended or reissued, requires the Town to provide minimum verification and access assurances that all stormwater treatment and detention measures shall be adequately operated and maintained by persons and entities responsible for the stormwater treatment measures; and WHEREAS, Property Owner is the owner of real property commonly known as the “Solana” development, located within the Town (the “Property”), and more particularly described in the attached Exhibit A, upon which stormwater treatment measures are located or to be constructed, as shown in the attached Exhibit B; and
ATTACHMENT 5

ITEM NO. 3.

SMHH\54443\1627049.6 2 February 25, 2026
WHEREAS, the Town is the permittee public agency with jurisdiction over the Property.

WHEREAS, the Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (hereinafter collectively referred to as “Property Owner”) recognizes that the stormwater treatment and detention measure(s) more particularly described and shown on Exhibit B, of which the approved full-scale plans and any approved amendments thereto are on file with the Engineering Division of the Parks & Public Works Department of the Town of Los Gatos, must be installed and maintained as indicated in this Agreement and as required by the NPDES permit;

WHEREAS, as a Conditions of Approval of for Architecture and Site Application No. S23-042 and a Conditions of Approval for Vesting Tentative Map Application No. M-23-009 approved by the Town Council on March 4, 2025, for the development of the Property, the Town of Los Gatos requires that the Property Owner enter into an agreement for the maintenance of the Storm Water Treatment Facility for the Property;

WHEREAS, the Town and the Property Owner agree that the health, safety and welfare of the citizens of the Town require that the stormwater treatment and detention measure(s) detailed in the approved Site Plan shall be constructed and maintained on the Property; and

WHEREAS, the Town’s Stormwater Management Ordinance, guidelines, criteria and other written directions require that the stormwater treatment and detention measure(s), as shown on the approved Site Plan, be constructed and maintained by the Property Owner.

NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the Town’s approval of the Application Nos. S-23-042 and M-23-009, the Property Owner hereby covenants and agrees as follows:

SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on-site stormwater treatment measure(s) and offsite BR-7 shown on the approved Site Plan is a private facility and shall be constructed or cause to be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the Property and any other requirements thereto that have been approved by the Town in conformance with appropriate Town ordinances, guidelines, criteria and other written direction.

SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. Prior to transferring title for all or any part of the Property, Property Owner shall provide to the Town at least one of the following:

A. A signed statement from the entity assuming post-construction responsibility for treatment measure maintenance and that the treatment measures meet all local agency design standards; or

ITEM NO. 3.

SMHH\54443\1627049.6 3 February 25, 2026
B. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (“O&M”) consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or
C. Written text in Property conditions, covenants and restrictions (CC&Rs) for residential properties assigning O&M responsibilities to the homeowners association for O&M of the treatment measures; or
D. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures.

SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater treatment measures from the Property or modify or otherwise allow the stormwater treatment system to exist in any manner that lessens its effectiveness and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the Town (which acceptance shall not be unreasonably withheld, conditioned or delayed) and in accordance with the Maintenance Plan submitted by the Property Owner and approved by the Town Engineer or his or her designee and in accordance with all federal, state or local laws and regulations, attached hereto as Exhibit C and incorporated herein by this reference. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The maintenance plan shall include a detailed description of and schedule for long-term maintenance activities.

In the event the stormwater treatment measures are destroyed, damaged, removed or modified in a manner that lessens their effectiveness, the Property Owner, at its sole expense, shall restore them such that they perform as intended.

SECTION 4: SEDIMENT MANAGEMENT
Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the maintenance plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations.

SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (Annual Report), attached to this Agreement as Exhibit D.

The Annual Report shall include all completed Inspection and Maintenance Checklists, in the form attached to this Agreement as Exhibit D for the reporting period and shall be submitted to the Town in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this Agreement. The Annual Report shall be submitted no later than December 31 of each year, under penalty of perjury, to:

ITEM NO. 3.

SMHH\54443\1627049.6 4 February 25, 2026
Town of Los Gatos – Engineering Division, Public Works Department 41 Miles Avenue, Los Gatos, CA 95030
Attn: Stormwater Reporting
or another member of the Town staff as directed by the Town. The Property Owner shall conduct a minimum of two (2) inspections of the stormwater treatment measure(s) annually, and provide reports once in the Fall by October 1st, in preparation for the wet season, and once in the Winter by March 15th. This inspection shall occur between August 1st and October 1st each year. More frequent inspections may be required by the Maintenance Plan at Exhibit C. The results of inspections shall be recorded on the Inspection and Maintenance Checklist(s) attached as Exhibit D.

The Property Owner shall retain each annual report at a location on the Property for a period of at least three years from the date generated, or as directed by Regional Water Board. The Town may request Property Owner to provide copies of any or all annual reports prepared during the previous three years in order to verify that inspection and maintenance of the applicable stormwater treatment measures have been conducted pursuant to this Agreement. Property Owner shall comply with any such request within ten (10) working days.

SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and/or the long-term Maintenance Plan, Exhibit C, as may be determined as reasonably necessary by the Town to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved.

Property Owner is required to obtain written approval from the Town prior to performing any structural alterations or modifications to the stormwater treatment measure(s) and/or the longterm Maintenance Plan. The Property Owner shall obtain all necessary permits as required by the Town Municipal Code and Ordinance. Upon the Town’s approval, any necessary modifications to this Agreement shall be made in the form of an amendment, which shall be signed by all parties and recorded.

SECTION 7: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the Town; the San Francisco Bay Regional Water Quality Control Board (Regional Board); the Santa Clara County Department of Environmental Health, Vector Control District; and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the Town’s stormwater management ordinance, guidelines, criteria, other written direction, or the Santa Clara Countywide Clean Water Program’s NPDES municipal stormwater permit (Regional Board Order R2-2022-0018, and any amendments or re-issuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the ordinance guideline, criteria or other written direction. Whenever

ITEM NO. 3.

SMHH\54443\1627049.6 5 February 25, 2026
possible, the Town, Regional Board, or the Vector Control District shall provide reasonable notice to the Property Owner before entering the Property.

SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
In the event the Property Owner fails to accomplish the necessary maintenance of the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, in good working order acceptable to the Town and in accordance with the Maintenance Plan incorporated in this Agreement, within ten (10) days of written notice by the Town, the Town and its authorized agents and employees may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order, in addition to all other rights and remedies available in law and in equity. Any costs incurred by Town shall be the sole responsibility of the Property Owner. Prior notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the Town to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the Town is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the Town.

SECTION 9: REIMBURSEMENT OF TOWN EXPENDITURES
In the event the Town, pursuant to this Agreement, performs work of any nature (direct or indirect), including any reinspections, repairs or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the Town, or shall forfeit any required bond upon demand within thirty (30) days of receipt thereof for the costs incurred by the Town hereunder. If these costs are not paid within the prescribed time period, the Town may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the Town. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to the Town as a result of the Property Owner’s failure to maintain the treatment measure(s). This shall include, but is not limited to, required Municipal Regional Permit (MRP) annual inspections, or any other inspections as required by the Town’s Municipal Regional Permit. Inspection fees shall be paid pursuant to the Town’s Fee Schedule as applicable.

SECTION 10: INDEMNIFICATION
The Property Owner shall indemnify, hold harmless and defend the Town and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the Town that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the Town. In the event a claim is asserted against the Town, its authorized agents, officers, officials or employees, the Town shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the Town, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages,

ITEM NO. 3.

SMHH\54443\1627049.6 6 February 25, 2026
liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the Town and/or its authorized agents, officers, officials and employees.

SECTION 11: NO ADDITIONAL LIABILITY
It is the intent of this Agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff.

SECTION 12: PERFORMANCE FINANCIAL ASSURANCE
If the Property Owner fails to maintain the stormwater treatment measure(s) after written notice and opportunity to cure, the Town may request the Property Owner to provide a performance bond, security or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the Town’s ordinances, guidelines, criteria or written direction.

SECTION 13: TRANSFER OF PROPERTY
This Agreement shall run with the land and shall be binding upon all heirs, successors, and assigns of Property Owner. The Property Owner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement, which shall be assigned to, apply to, bind and be obligatory to all present and subsequent owners of the Property.

Notwithstanding any provisions of this Agreement to the contrary, once an owners association (the “Association”) commences operation and maintenance of the Stormwater Treatment Measures that are the Association’s responsibility to maintain as set forth in an applicable Declaration of Restrictions, SummerHill 50 LGSR LLC shall automatically be released of its obligations and responsibilities under this Agreement that accrue or arise after the date the Association commences such operation and maintenance.

SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement.

SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the Town by mutual agreement, within five (5) business days, or such time as agreed upon by both parties, after the execution date of this Agreement as stated above among the deed records of the County Recorder’s Office of the County of Santa Clara, California at the Property Owner’s expense. A copy of the recorded Agreement shall be provided to the Town as required by the Conditions of Approval of the Project.

SECTION 16: RELEASE OF AGREEMENT
In the event the Town determines that the stormwater treatment measures located on the

ITEM NO. 3.

SMHH\54443\1627049.6 7 February 25, 2026
Property are no longer required, then the Town, at the request of the Property Owner, shall execute a release of this Inspection and Maintenance Agreement, which the Property Owner, or the Town by mutual agreement, shall record in the County Recorder’s Office at the Property Owner’s expense. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded.

SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the Town and the Property Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded.

SECTION 18: MISCELLANEOUS
a. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Santa Clara.
b. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, expert’s fees and costs, and litigation expenses and other costs which shall become part of the lien against the Property. c. If Property Owner consists of more than one party, each person, entity, or other party described as the “Property Owner” in this Agreement and/or executing this Agreement for the Property Owner shall be jointly and severally liable for each and every obligation and requirement imposed on Property Owner herein.
d. Nothing in this Agreement or anything provided herein shall in any way defeat, invalidate or impair the obligation secured by or the security of any deed of trust now or hereafter encumbering the Property or any part thereof, and any lender who forecloses or otherwise acquires title to the Property or any part thereof shall only be obligated for matters under this Agreement which first arise after the time any such lender acquired title.

SECTION 19: NOTICE
Any notice required to be given hereunder shall be deemed to have been provided by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO TOWN: Town of Los Gatos
Engineering Division, Public Works Department
110 E. Main Street
Los Gatos, CA 95030
Attn: Stormwater Reporting
TO PROPERTY OWNER: SummerHill 50 LGSR LLC
6101 Bollinger Canyon Road
San Ramon, CA 94583
Attn.: SVP of Development
with a copy to

ITEM NO. 3.

SMHH\54443\1627049.6 8 February 25, 2026
SummerHill 50 LGSR LLC
777 California Ave.

Palo Alto, CA 94304
Attn.: General Counsel
Change of address is official only after providing written notice thereof to the other party.

Notice(s) shall be deemed effective upon receipt or seventy-two (72) hours after deposit in the U.S. mail, whichever is earlier.
[SIGNATURES ON FOLLOWING PAGE]

ITEM NO. 3.

SMHH\54443\1627049.6 9 February 25, 2026
In Witness Whereof, the Parties have executed this Agreement as of the date first written below.

PROPERTY OWNER
SUMMERHILL 50 LGSR LLC,
a California limited liability company
By: SummerHill LGL Venture LLC,
a Delaware limited liability company,
its Sole Member
By: SummerHill LGL Venture Manager LLC, a
Delaware limited liability company,
its Managing Member
By: SummerHill Homes LLC,
a California limited liability company,
its Manager
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________

TOWN OF LOS GATOS
RECOMMENDED BY:

DATE:________________________

TOWN MANAGER

ITEM NO. 3.

SMHH\54443\1627049.6 1 February 25, 2026
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
______________________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ITEM NO. 3.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit A

LEGAL DESCRIPTION OF SOLANA --- TO BE UPDATED

ITEM NO. 3.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit B

STORM WATER TREATMENT MEASURES LOCATIONS --- TO BE UPDATED

ITEM NO. 3.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit C

OPERATIONS MAINTENANCE PLAN --- TO BE UPDATED

ITEM NO. 3.

SMHH\54443\1627049.6 1 February 25, 2026
Exhibit D

ANNUAL REPORT FORM FOR TREATMENT MEASURE OPERATION

AND MAINTENANCE INSPECTION CHECKLISTS
Treatment Measure Operation and Maintenance Inspection Report to the Town of Los Gatos, Santa Clara County, California
This report and attached inspection checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the Town and the property owner during the annual reporting period indicated below.

I. Property Information:

Property Address or APN:

Property Owner:

II. Contact Information:

Name of person to contact regarding this report:

Phone number of contact person:

Email:

Address to which correspondence regarding this report should be directed:

III. Reporting Period:

This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from January 1, 20-- to December 15, 20--.

IV. Treatment Measure Information:

The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying
Number of
Treatment
Measure
Type of Treatment Measure Location of Treatment Measure on the Property

V. Sediment Management
The sediment was removed and disposed of as
follows:_______________________________________________________________________